• Can the govt now force me to part away my Aadhar no for operating EPF account

Dear Sir/Madam, 

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

Hello,

Sharing your details is your right and no one can force you.

If the government has attached some benefits and you do not want to take the same then the government can not force you to give your aadhaar details.

Also, if the company does not thereafter releases the EPF then you may file a case on them.

You will have to check whether linking of AADHARR has been made mandatory with EPFO just for the purpose of 1.16% ccontribution.

Regards

Anilesh Tewari
Advocate, New Delhi
16918 Answers
259 Consultations

5.0 on 5.0

Dear,

You are right if you don't want any benefit and don't want to attach

your aadhar, then nobody force you.

You have latest Supreme court judgment, if anyone object, show them

this judgment.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

1. Now after the passing of the Supreme Court decision on the issue of Aadhar Card your query has been substantially replied and resolved.

2. Now linking of Pan Card and Adhar Card and for grant of scholarship if acceptance of government subsidy sharing of Aadhar No. is mandatory.

3. For all other purposes it is optional and hence no other public or private authority can force you to share your Aadhar No.

4. if they still insist then you can consider filing the writ petition in high court but there is no need to waive your PF money.

Devajyoti Barman
Advocate, Kolkata
17808 Answers
252 Consultations

5.0 on 5.0

Dear Client,

Contributing to EPF is mandatory for the employees who have a basic salary plus dearness allowance is up to Rs.15,000. And those who are earning above Rs.15,000 may contribute voluntarily. In case, you have been a member of EPFO once, then you are not allowed to opt out of the scheme

You cannot be forced to disclose you adhaar details but than in this case, contribution shall be freeze and so the account and amount already contributed to the account shall not be released till account not activated by submitting adhaar details.

Yogendra Singh Rajawat
Advocate, Jaipur
13207 Answers
17 Consultations

4.6 on 5.0

Hi,

You may choose to donate that 1.16% of government subscriptions but you need to submit your aadhar number.

Ganesh Singh
Advocate, Delhi
3115 Answers
9 Consultations

4.5 on 5.0

As per Ministry of Information & Broadcasting notification, pension define as benefit scheme of Govt.

And in the judgement it is clarified -

‘Benefits’ and ‘services’ as mentioned in Section 7 should be those which have the colour of some kind of subsidies etc., namely, welfare schemes of the Government whereby Government is doling out such benefits which are targeted at a particular deprived class It would cover only those ‘benefits’ etc. and the expenditure thereof has to be drawn from the Consolidated Fund of India.

Contribution towards EPFO no doubt from Consolidated Fund but the only catch is, your case dose not fall under deprived class.

On this point only you can resist disclosing your Adhaar, still no relief than remedy of last resort - Court.

Yogendra Singh Rajawat
Advocate, Jaipur
13207 Answers
17 Consultations

4.6 on 5.0

I think you need to correct your information first .

the 1.16% is the service charge on EPF paid by the company for administering the PF account the PF contribution is 12% of the salary and the same contribution is provided by the company as well and both the amount goes in your account now this is a matter of Aadhar and interest you don't provide the Aadhar details even in the supreme court order Aadhar will stay for government and you are not taking any benefit out of your PF account this is a mandatory provision and for the Welfare of the private company employees.

Vimlesh Prasad Mishra
Advocate, Lucknow
5507 Answers
18 Consultations

4.9 on 5.0

You will have to take epf benefits but when we talk about linking of Aadhar number the SC held its unconstitutional because pf is not a service generated through consolidated fund of India hence it doesn’t come under the perview of Sec 7 of Aadhaar act..In case if govt still wants to make it mandatory than they will have to bring amendment that is not easy and if so..then the whole legislation can come under the blanket of judicial review (art.13a) of Indian constitution where SC has power again to make any law or part of law unconstitution

As far as freezing part is concerned ..no govt can force you for linking Aadhaar..I hope EPFO will come up with any notification of relief for you because the problem you are facing( linking Aadhaar number) has already been held unconstitutional.

In the end it’s all about govt and judiciary ...govt will have to convince the SC

Jeremy benthem’s greatest goods for greater number or you can say majority wins where individual rights are less concerned than majority rights .

Hence if SC finds that linking Aadhaar or you can say forcing some people to link Aadhaar to provide benefit to large masses ..can help nation to grow ..than the individual like us who prefer not to share Aadhaar number because it matter of our right will not have a say!!

Be patient.wait till govt responds to Aadhaar judgement of SC ..Thankyou

Vasu Vibhav Purohit
Advocate, Narnaul
23 Answers
1 Consultation

Not rated

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?

You cannot opt out of this scheme on your own when you have agreed and signed the terms and conditions at the time of joining the scheme.

The aadhar's verdict is to understood properly.

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?

You go through the terms and conditions given in the scheme at the time of joining the scheme, you will come to know the governing rules and get an answer to your question.

T Kalaiselvan
Advocate, Vellore
56705 Answers
701 Consultations

5.0 on 5.0

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.

Your understanding is right that the PF authorities cannot insist on production of aadhar card for availing the benefits because it is not a government benefit scheme given away to the beneficiaries which requires to prove your identity for which the aadhar card is a valid proof.

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?

You can approach court for recovery of the money due to you from the PF department because it is your contribution and they cannot refuse to give it to you.

You can file a money recovery suit also in this connection.

T Kalaiselvan
Advocate, Vellore
56705 Answers
701 Consultations

5.0 on 5.0

1) One should better update AADHAAR and PAN number with UAN online as at the tome of withdrawal of PF amount it will be easy for you within eight days the amount gets transffered online in bank account. Plus to avail government benefits on paper its ok for our rest of purpose, whether to use or not its totally depends upon individual.

Ganesh Kadam
Advocate, Pune
7477 Answers
65 Consultations

4.9 on 5.0

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