Rule 296 — Application for recognition.
Sub-rule (1) requires an application for recognition to be made by the employer maintaining the provident fund for which recognition is sought, accompanied by a copy of the original trust deed, if any, and a copy of the rules of the fund.
Sub-rule (2) requires the application to be submitted through the Assessing Officer of the area in which the accounts of the fund are kept, or, if the accounts are kept outside India, of the area in which the local headquarters of the employer are situated. Sub-rule (3) prescribes Form No. 186 for the application, to be verified in the manner specified in it.
Sub-rule (4) requires a fund which was granted recognition on or before 31st March, 2006 and has not applied for recognition thereafter to make a fresh application in Form No. 186 through the Assessing Officer referred to in sub-rule (2).
Recognition of a provident fund carries tax consequences for the employer and for every member, so the Act requires the fund's constitution and rules to be examined before recognition is granted. The rule puts the application on the employer who maintains the fund, requires the trust deed and rules to come with it, and routes it through the Assessing Officer of the place where the accounts are kept — the officer who can actually verify them. Sub-rule (4) sweeps in old recognitions that have never been tested since 31st March, 2006.
| What | Figure | The condition on it | Where |
|---|---|---|---|
| Cut-off that triggers a fresh application | Recognition granted on or before 31st March, 2006 | Where the fund has not applied for recognition thereafter | Sub-rule (4) |
The applicant is the employer maintaining the fund, not the trustees and not the fund itself. The route matters as much as the form: the application is submitted through the Assessing Officer identified in sub-rule (2), and where the accounts are kept outside India that officer is the one for the area of the employer's local headquarters. Two documents must accompany it — the original trust deed, if any, and the rules of the fund — so a fund with no written rules cannot be presented for recognition. Sub-rule (4) is not a saving provision but an obligation: a recognition granted on or before 31st March, 2006 that has not been followed by a further application requires a fresh application in Form No. 186 through the same route.
A company maintains a provident fund for its employees whose accounts are kept at its Pune office. It applies for recognition in Form No. 186, verified as specified, through the Assessing Officer of that area, enclosing a copy of the original trust deed and a copy of the rules of the fund. Had the fund been recognised in 2004 and never applied since, sub-rule (4) would require the same fresh application to be made now.
In the Form No. 186 application an employer files through the Assessing Officer when a provident fund is set up, and again where an old recognition granted on or before 31st March, 2006 has never been followed by a further application.
An application for recognition shall be made by the employer maintaining a provident fund, for which recognition is sought
A fund which has been granted recognition on or before 31st March, 2006 and has not applied for recognition thereafter shall make a fresh application in Form No. 186