SPEEDPOST

SEEA/P/cpfc/0709
Nov. 20, 2007

To
Central Provident Fund Commissioner,
Bhavishya Nidhi Bhawan,
14, Bhika Ji Kama Place,
New Delhi-110066.

Sub: Non-Distribution of remaining 1/3rd Revenue Surplus earned by Hindustan Steel Provident Fund (H.O.) Trust, Ranchi during the years 1996-97 to 2000-2001 to P.F. Members

Ref.: Your guidance/ clarification letter No. E III 3(1)2000-BR Genl./6269 dated 21.11.2003 and RPFC, Ranchi order No. JH/RO/RNC/ EXM/ 935/06/1369 dated 14th June 2006.

Dear Sir,

This is to bring to your kind attention that the HSPF Trust has failed to distribute the total Revenue Surplus earned by them during the years 1996-97 to 2000-2001 in spite of your clarification vide your letter referred above (Annexure I). The details of the case are as follows.

1. That, following your above clarification forwarded by RPFC Ranchi to SAIL/RDCIS vide their letter No. JH/RO/RNC/ EXM/ 935/2003/7297 dated 8th Dec. 2003 half of the Revenue Surplus was paid to all the eligible members of the Trust.

2. That, further discussions were held several times between SAIL Ex-Employees Association and the SAIL/RDCIS and HSPF Trust representatives for payment of remaining 1/3rd Revenue Surplus.

3. That, by the middle of 2005 it became clear to us that SAIL/RDCIS and HSPF Trust have no inclination to pay the remaining Revenue Surplus. We made a formal appeal to Chairman HSPF Trust vide our letter dated 10th Sept 2005 (Annexure II).

4. That, the individual members approached RPFC, Ranchi in the later part of Sept.2005 with a formal representation (sample copy in Annexure III) requesting him to order for the payment of the remaining amount in Revenue Surplus on the basis of your clarification.

5. That, we met RPFC and the concerned officers of his office several times which resulted in their order to the Trust for payment vide letter dated 14th June 2006 (copy in Annexure IV).

6. That, HSPF refused to honour the order and submitted a private auditor’s statement to RPFC, Ranchi as the basis for their refusal (copy in Annexure V)

7. That, we approached SAIL/RDCIS under Right to Information Act 2005 to provide complete information on the subject. Their reply alongwith 13 enclosures is enclosed herewith (as a part of Annexure VI).

8. That, we studied their reply and found no justification for withholding the payment of Revenue Surplus. We communicated our comments and observations of the facts supplied by them to SAIL/RDCIS Management and requested them to make early payment.

9. That, after waiting for some time we sent complete set of information obtained from SAIL/RDCIS to RPFC Ranchi alongwith our comments and observations on 01st Nov 2006 (Annexure VI) justifying our stand for early payment and for implementation of your clarification and their own order referred to above without further delay.

10. That, we waited for over four months and submitted a letter on 19th March 2007 to PIO, RPFC Ranchi under Right to Information Act 2005 seeking information on this issue.. Though satisfactory answer was not provided yet a letter was issued by APFC, Ranchi to Secretary HSPF Trust to hold a meeting with us (Annexure VII). Secretary HSPF did not arrange the desired meeting.

11. That, although this lack of interest in holding the meeting or making payment by HSPF Trust was pointed out to RPFC, Ranchi vide letters dated 11th May and 17th July 2007 (Annexures VIII & IX), preceded and followed by telephonic discussions no further action was initiated by them. No order for payment of the Revenue Surplus has been made by RPFC Ranchi till this date.

12. That, this attitude of the HSPF Trust and indifference of the RPFC, Ranchi has really pained the SAIL Ex-Employees as all of them are retired and need their rightful share of money of the Revenue Surplus illegally held by the Trust and need that soon.

In view of the facts presented above we feel that all the vital information provided now by SAIL/ RDCIS under RTI Act 2005 were taken into account by you at the time the clarification was provided in favour of payment of total Revenue Surplus in Nov 2003 (Annexure I). There is nothing substantially different. I am sure this must have been the basis for RPFC Ranchi also for issuing their order dated 14th June 2006 (Annexure IV). In spite of this we have provided our comments and observations on the information provided by SAIL/ RDCIS under RTI Act 2005 in our letter to RPFC Ranchi (Annexure VI) which may be examined, if needed. We do not find any reason for withholding the payment of the Revenue Surplus kept with the HSPF Trust.

We request you, therefore to kindly issue an appropriate advice to RPFC, Ranchi to issue final order/ directive to SAIL/RDCIS & HSPF Trust, Ranchi to make the payments of the total amount remaining with the Trust for such long years, alongwith the interest earned during this period, to all the members. We are ready to provide necessary assistance, if and when asked for for making a final order/ directive on the issue for early payment.

Thanking you,

Yours faithfully,

(V.N.Sharma)
President
Encl: All 9 Annexure with enclosures in the SPEEDPOST (Consignment No. EE876342191IN)