Can the govt now force me to part away my Aadhar no for operating EPF account
I have been working in a company for the last 6 years and I have an EPFO account operating in this company. Therefore I have an UAN as well. The UAN number is not linked to my Aadhar yet.
But as per govt directives and recent Supreme Court verdict for availing any benefits I'll have to part away my Aadhar no.
In EPF scheme the govt of India contributes 1.16% of my basic wages to my epf account. And this money comes from the consolidated fund of India. That's why govt has the right to ask me my aadhar no.
But I have a different query. What if I don't want that 1.16% from govt, what if I don't want that benefit from govt. EPF money is my hard earned money, it's not govt's money. If I refuse to take the govt benefit of 1.16% of my basic wages can the govt force me to part away my aadhar even in that scenario?
Can I choose not to take 1.16% from the govt?.
My basic intention is I need to give Aadhar when I want benefits from govt, but when I don't want that benefits from govt why do I need to submit my Aadhar? And I should have a choice whether I want a particular benefit or not.
Is it like that once I become a member of EPFO I'll have to remain a member and no matter what happens I'll have to take 1.16% of my basic wages from govt throughout even though I don't want that?
Therefore I choose not to take the benefit, can I legally do that? What can be the legal implications?
I am not comfortable parting away my Aadhar no. And most importantly none can force me to do something, I should have a choice. I'm a law abiding citizen. So can I refuse to take any benefit and subsidy and not to part away my Aadhar?
Requesting for your suggestions.
Asked 12 months ago in Constitutional Law from Kolkata, West Bengal
Thank you for your valuable responses. Yes I earn more than a lakh per month now, but once I became a member I know I can not opt out of it. But I don't want to part away my Aadhar and I refuse to take the govt benefits given to my account pertaining to EPFO.
However I have read somewhere today that in the verdict yesterday it was told that ""We also make it clear that a benefit which is earned by an individual (e.g. pension by a government employee) cannot be covered under Section 7 of the Act, as it is the right of the individual to receive such benefit," says the SC verdict in paragraph 322." - https://www.dnaindia.com/business/report-linking-pf-with-aadhaar-not-mandatory-now-2668407
Therefore it's not a benefit the govt is giving to me. Though I'm a private sector employee but the govt contribution to my pension fund is my right to earn not a largeese. It's not a benefit given to me for any social welfare scheme. It's my right.
Therefore if what I have quoted above is right, is my interpretation right? And if both of these are true then govt can't ask aadhar to be linked with my epf account I suppose.
However if its not true then govt can ask me and as per my understanding after going through all the posts above if I refuse to take 1.16% of my wages from govt towards my EPS account then my account will be freezed.
But can't I have right to refuse benefits? As because I can't opt out of epf scheme now I will have to take the benefits no matter what happens?. Isn't it legally void?
And if I refuse and if my account is freezed isn't that illegal because all the money kept there are my hard earned money. How can govt freeze my account on the context that I refuse to take govt benefits?
Looking forward to your suggestion.As I'm an ametuer in this field I'm just looking for options available to me.
My only concern is I'm not comfortable parting away my Aadhar. In case of Pan I have to do it, I have no choice.
Thanks in anticipation
Asked 12 months ago