Exemption under sec 12 a
This query is : Resolved
21 November 2013
would you please clarify :
Our employer is central PSU.
It started creating a benevolent Fund 1989 onwards
Now it accumlated to about 21 Crs.
Just 2 years back a Trust is formed and registered a Benevolent Fund Trust)in 2011)
It applied for exemption under Sec.12 A
Unfortunately, employees who were on rolls during 1989 till registration of deed(in 2011) were ommitted to be a beneficiary.
Some one says , when applied for registration under Sec 12 A, all employees who retired also shall be the beneficiary for granting such exemption.
Would you kindly clarify is thre any such provisionfor covering retired employees (1989 to 2011)?
K B RAJU
VICE PRESIDENT
CENTRAL WAREHOUSING CORPORATION RETIRED EMPLOYEES WELFARE ASSOCIATION, HYDERABAD
9000411159
Our employer is central PSU.
It started creating a benevolent Fund 1989 onwards
Now it accumlated to about 21 Crs.
Just 2 years back a Trust is formed and registered a Benevolent Fund Trust)in 2011)
It applied for exemption under Sec.12 A
Unfortunately, employees who were on rolls during 1989 till registration of deed(in 2011) were ommitted to be a beneficiary.
Some one says , when applied for registration under Sec 12 A, all employees who retired also shall be the beneficiary for granting such exemption.
Would you kindly clarify is thre any such provisionfor covering retired employees (1989 to 2011)?
K B RAJU
VICE PRESIDENT
CENTRAL WAREHOUSING CORPORATION RETIRED EMPLOYEES WELFARE ASSOCIATION, HYDERABAD
9000411159
21 November 2013
Dear Raju Ji,
I believe whether or not a particular class of persons are to be included in the beneficiary list of a benevolent fund shall depend on the document executed for the creation of such fund and also direction, if any, given in the 12A exemption order.
Just because a fund has got 12A registration cannot itself grant the beneficiary status to anyone.
I appreciate the pain the retired employees welfare association has gone through during this whole process as there has been decent media coverage on the plight of the retired CWC employees.
several law commissions reports have proposed creation of ombudsman for such cases with specifc reference to CWC insensitive approach towards retired employees.
Therefore, it is advisable that you hire a lawyer dealing with matters of labour rights/service rules in such a case (preferably someone from Hyderabad itself).
You need to take this matter to the public forums. Why not contact SD Israni (Business Line) who covered your issues in past too.
thanks
I believe whether or not a particular class of persons are to be included in the beneficiary list of a benevolent fund shall depend on the document executed for the creation of such fund and also direction, if any, given in the 12A exemption order.
Just because a fund has got 12A registration cannot itself grant the beneficiary status to anyone.
I appreciate the pain the retired employees welfare association has gone through during this whole process as there has been decent media coverage on the plight of the retired CWC employees.
several law commissions reports have proposed creation of ombudsman for such cases with specifc reference to CWC insensitive approach towards retired employees.
Therefore, it is advisable that you hire a lawyer dealing with matters of labour rights/service rules in such a case (preferably someone from Hyderabad itself).
You need to take this matter to the public forums. Why not contact SD Israni (Business Line) who covered your issues in past too.
thanks
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22 November 2013
At the outset, I may be allowed to convey my heartfelt thanks for your kind and very ptompt response with proper clarification witin few hours of my reference. I am grateful to you for the same. As advised, we will deal the issue accordingly
22 November 2013
it is my please pleasure sir. In case you need any queries on financial/tax side (if any), you may share the same here...we all would be glad to assist you on the same.
22 November 2013
Thanks once again sir,
I am again shring my experience onthe original issue raise by me earlier. Yousuggested thst verious forums and ombudsmenare proposed to help public grievances. In fact I tried o focus on all pending issues not resolved by CWC to so called public grievence mechanisim. I reported to: President portal, Concerned Ministry's portal, committee on petitions Rajyasabha, Loksabha. They followed simple post office work. all my petion were simply forwarded to the same concerned Ministry who promptly followed anoher postmaster work of forwarding to employer who dealt casually. when compliant lodged to higher authority, forwarding ame o them in a casual manner, what more we can expect from all these so clled grivance mechanism? Eath is round like this our grivences reached from highest level to same level at which injustice was done initially. who will resolve?
simple isse: when President of Indi's directions were not cared rather dishonoured by aPSU,when it was brought to the knowledge of President of India's secretariat and also to its portal same was simply forwarded to Ministry and same post office work followed in in such matters.
This is the facte now in India
K B RAJU
I am again shring my experience onthe original issue raise by me earlier. Yousuggested thst verious forums and ombudsmenare proposed to help public grievances. In fact I tried o focus on all pending issues not resolved by CWC to so called public grievence mechanisim. I reported to: President portal, Concerned Ministry's portal, committee on petitions Rajyasabha, Loksabha. They followed simple post office work. all my petion were simply forwarded to the same concerned Ministry who promptly followed anoher postmaster work of forwarding to employer who dealt casually. when compliant lodged to higher authority, forwarding ame o them in a casual manner, what more we can expect from all these so clled grivance mechanism? Eath is round like this our grivences reached from highest level to same level at which injustice was done initially. who will resolve?
simple isse: when President of Indi's directions were not cared rather dishonoured by aPSU,when it was brought to the knowledge of President of India's secretariat and also to its portal same was simply forwarded to Ministry and same post office work followed in in such matters.
This is the facte now in India
K B RAJU
22 November 2013
Dear Sir,
this is the reason, I suggested that you should go to the media...let newspapers cover the issue. In today's India, we need to develop pressure from multiple angles to get the ball rolling.
One more thing, it would be worthwhile to send a communication to the the chief Justice of the High Court as well as the supreme court.
You need to build pressure from all the sides. this is an election year. Creation of multiple pressure points can get the politicians moving.
this is the reason, I suggested that you should go to the media...let newspapers cover the issue. In today's India, we need to develop pressure from multiple angles to get the ball rolling.
One more thing, it would be worthwhile to send a communication to the the chief Justice of the High Court as well as the supreme court.
You need to build pressure from all the sides. this is an election year. Creation of multiple pressure points can get the politicians moving.
22 November 2013
You are welcome Sir.
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