Employees' Provedent Fund Organization, Delhi Region
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Employees' Provedent Fund Organization, Delhi Region Employees' Provedent Fund Organization, Delhi Region Employees' Provedent Fund Organization, Delhi Region
.: Employees' Provident Fund Scheme, 1952 :.
 

Employees Provident Funds Scheme, 1952

In exercise of the powers conferred by section 5 of the Employees' Provident Funds Act, 1952 (19 of 1952), the Central Government hereby frames the following Employees' Provident Funds Scheme, 1952, namely:-
 
CHAPTER I
PRELIMINARY

1 . SHORT TITLE AND APPLICATION.-

1. (1) This Scheme may be called the Employees' Provident Funds Scheme, 1952.

(2) 1Save as otherwise provided in the Scheme, this Chapter and Chapters II and III shall come into force at once and the remaining provisions shall come into force on such date or dates as the Central Government may by notification in the Official Gazette appoint and different dates may, be appointed for different provisions.

2(3)(a) Subject to provisions of sections 16 and 17 of the Act, this Scheme shall apply to all factories 3and other establishments to which the Act applies or is applied under subsection (3) of section 1 or section 3 thereof:

4Provided that the provisions of this scheme shall not apply to:

(i) 5

(ii) 5

(iii) Tea factories in the State of Assam;

6(b)Provisions of this Scheme shall-

Footnotes1. Substituted for "This Chapter" by SRO 2035, dated 28-10-1953.

2.Inserted, ibid.

3.Inserted by SRO 1363, dated 26-4-1957.

4.Inserted by SRO 1567, dated 4-7-1956.

5.Sub-clauses (i) & (ii) omitted by the Employees' Provident Funds (Second Amendment)Scheme, 1962, w.e.f. 31-3-1962.

6. Substituted by SRO 1567, dated 4-7-1956.

7. Inserted by the Employees' Provident Funds (Third Amendment) Scheme, 1977.

7(i) as respects every establishment which is a factory engaged in any industry mentioned herein, namely, cement, cigarettes, electrical, mechanical or general engineering products, iron and steel, paper and textiles (made wholly or in part of cotton or wool or jute or silk, whether natural or artificial), be deemed to have, come into force with effect from 2nd day of September, 1952;

8(ia) as respects factories relating to the industries added to Schedule I of the Act, by notification of the Government of India in the Ministry of Labour, No. S.R.O. 1566, dated 4th July 1956, come into force on the 31st day of July, 1956;

9(ii) as respects factories relating to the industries added to Schedule I of the Act by notification of the Government of India in the Ministry of Labour, S.R.O. 2026, dated 3rd September, 1956, come into force on the 30th day of September, 1956;

10(iii) as respects factories relating to the mineral oil refining industry added to Schedule of the Act by notification of the Government of India in the Ministry of Labour, No. S.R.O. 218, dated the 19th January, 1957, come into force on the 31st day of January, 1957;

11(iv) as respects plantations of tea (other than tea plantations in the State of Assam, coffee, rubber, cardamom and pepper, covered by the notification of the Government of India in the Ministry of Labour, S.R.O. 529, dated the 16th February, 1957, come into force on the 30th day of April, 1957;

12(v) as respects factories relating to the oxygen, acetylene and carbon dioxide gases in industry added to Schedule I of the Act as item (x) under the head "Heavy and Fine Chemicals" by the notification of the Government of India in the Ministry of Labour and Employment, No. S.R.O. 1976, dated the 15th June, 1957, come into force on the 31st day of July, 1957;

13(vi) as respects iron ore, limestone, manganese and gold mines, covered by the notification of the Government of India in the Ministry of Labour and Employment, No. S.R.O. 2705, dated the 24th August, 1957, come into force on the 30th day of November, 1957;

14(vii) as respects factories relating to the Industrial and Power Alcohol and Asbestos Cement Sheets Industries added to Schedule I of the Act by the notification of the Government of India in the Ministry of Labour and Employment, No. S.R.O. 3067, dated the 28th September, 1957, come into force on the 30th day of November, 1957;

15(viii) as respects coffee curing establishments covered by the notification of the Government of India in the Ministry of Labour and Employment, No. S.R.O. 3411, dated the 26th October, 1957, come into force on the 30th day of November, 1957;

Footnotes8.Sub-clause (i) renumbered as sub-clause (ia) by the Employees' Provident Funds (Third Amendment) Scheme, 1977.

9.Inserted by SRO 2027, dated 3-9-1956.

10. Inserted by SRO 815, dated 9-3-1957.

11. Inserted by SRO 1363, dated 26-4-1957.

12. Inserted by SRO 2146, dated 21-6-1957.

13. Inserted by SRO 3376, dated 7-10-1957.

14. Inserted by SRO 3565, dated 31-10-1957.

15. Inserted by SRO 3972, dated 4-12-1957.

16(ix)as respects factories relating to the biscuit making industry including composite units making biscuits and products such as bread, confectionery and milk and milk powder, added to Schedule 1 of the Act, vide Government of India, Ministry of Labour and Employment, Notification No. G.S.R. 170, dated the 12th March, 1968, come into force on the 30th day of April, 1958;

17(x) as respects road motor transport establishments covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 399, dated the 24th March, 1959, come into force on the 30th day of April, 1959;

18(xz)as respects mica mines and mica industry covered by the notifications of the Government of India in the Ministry of Labour and Employment, Nos. G.S.R. 312 and 313, dated the 5th March, 1960, respectively, come into force on the 31st day of May, 1960;

19(xii) as respects factories relating to the plywood industry covered by the notification of the Government of India in the Ministry of Labour and Employment, No, G.S.R. 632, dated the 30th May, 1960, come into force on the 30th day of June, 1960;

20(xiii) as respects factories relating to the automobile repairing and servicing industry covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 683, dated the 9th June, 1960, come into force on the 30th day of June, 1960;

21(xiv) as respects any cane farm owned by a sugar factory covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 12 74, dated the 21st October, 1960, come into force on the 30th day of November, 1960;

22(xv) as respects factories relating to rice, flour and dal milling industries covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 1443, dated the 24th November, 1960, come into force on the 31st December, 1960;

23(xvi) as respects factories relating to the starch industry covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 535, dated the 10th April, 1961, come into force on the 31st May, 1960;

24(xvii) as respects hotels and restaurants covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 704, dated the 16th May, 1961, come into force on the 30th day of June, 1961;

Footnotes16. Inserted by GSR 261, dated 10-4-1958.

17. Inserted by GSR 583, dated 8-5-1959.

18. Inserted by GSR 362, dated 16-3-1960.

19. Inserted by the Employees' Provident Funds (Amendment) Scheme, 1960.

20. Inserted by GSR 748, dated 27-6-1960.

21. Inserted by the Employees' Provident Funds (Amendment) Scheme, 1960.

22. Inserted, ibid

23. Inserted by the Employees' Provident Funds (Second Amendment) Scheme, 1961.

24. Inserted by the Employees' Provident Funds (Third Amendment) Scheme, 1961.

(xviii) as respects factories relating to petroleum or natural gas exploration, prospecting, drilling or production and petroleum or natural gas refining and establishments engaged in the storage or transport or distribution of petroleum or natural gas or products of either petroleum or natural gas covered by the notifications of the Government of India in the Ministry of Labour and Employment Nos. G.S.R. 705 and 706, dated the 16th May, 1961, respectively, come into force on the 30th day of June, 1961;

25(xix) as respects the establishments covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 827, dated the 19th June, 1961, come into force on the 31st day of July, 1961;

26(xx) as respects the establishments covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 1013, dated the 29th July, 1961, come into force on the 31st day of July, 1961;

(xxi)as respects the factories relating to the leather and leather products industry, covered by the notification of the Government of India in the Ministry of Labour and Employment No. G.S.R. 993, dated the 29th July, 1961, come into force on the 31st day of August, 1961;

27(xxii) as respects the factories relating to the stone-ware jars and crockery industries covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 1382, dated the 4th November, 1961, come into force on the 30th day of November, 1961;

28(xxiii) as respects the establishments covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 1458, dated the 2nd December, 1961, but not including the establishment referred to in subclause (xiv), come into force on the 31st December, 1961;

29(xxiv) as respects every trading and commercial establishment engaged in the purchase, sale or storage of any goods, including establishments of exporters, importers, advertisers, commission agents and brokers, and commodity and stock exchanges, but not including banks or warehouses established under any Central or State Act, covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 346, dated the 7th March, 1962, come into force on the 30th day of April, 1962;

30(xxv)as respects the factories relating to fruit and vegetable preservation industry covered by the notification of the Government of India, in the Ministry of Labour and Employment, No. G.S.R. 786, dated the 6th June, 1962 31as amended by the notification No. G.S.R. 1461, dated the 29th August, 1963, come into force on the 30th June, 1962;

32(xxvi)as respects the factories relating to cashewnut industry covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 1125, dated the 18th August, 1962,come into force on the 30th September, 1962;

Footnotes25. Inserted by the Employees' Provident Funds (Fifth Amendment) Scheme, 1961.

26. Inserted by the Employees' Provident Funds (Sixth Amendment) Scheme, 1961.

27. Inserted by the Employees' Provident Funds (Ninth Amendment) Scheme, 1961.

28. Inserted by the Employees' Provident Funds (Thirteenth Amendment) Scheme, 1961.

29. Inserted by the Employees' Provident Funds (Third Amendment) Scheme, 1962.

30. Inserted by the Employees' Provident Funds (Fifth Amendment) Scheme, 1962.

31. Inserted by the Employees' Provident Funds (Twenty-third Amendment) Scheme, 1963.

32. Inserted by the Employees' Provident Funds (Eighth Amendment) Scheme, 1962.

33(xxvii) as respects the establishment specified in the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 1232, dated the 7th September, 1962, come into force on the 31st October, 1962;

34(xxviii) as respects bauxite mines covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 1625, dated the 23rd November, 1962, come into force on the 31st December, 1962;

35(xxix) as respects the confectionery industry come into force on the 31st March, 1963;

36(xxx)as respects establishment engaged in laundry and laundry services referred to in the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 561, dated the 23rd March, 1963, come into force on the 30th April, 1963;

37(xxxi)as respects the industries engaged in the manufacture of buttons, brushes, plastic and plastic products and stationery products, come into force on the 30th day of April, 1963;

38(xxxii) as respects the establishments covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 728, dated the 20th April, 1963, come into force on the 31st day of May, 1963;

39(xxxiii) as respects canteens covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 1285, dated the 29th July, 1963, come into force on 31st day of August, 1963;

40(xxxiv) as respects aerated water industry, that is to say, any industry, engaged in the manufacture of aerated water, soft drinks, carbonated water, industry come into force on 31st day of August, 1963;

41(xxxv)as respects distilling and rectifying of spirits (not failing under industrial and power alcohol) and blending of spirits industry come into force on the 31st day of October, 1963;..

42(xxxvi)as respects the establishments in Pondicherry territory covered under the Employees' Provident Funds Act, 1952 (19 of 1952), by virtue of the Pondicherry (Laws) Regulation, 1963 (7 of 1963), come into force on the 31st day of October, 1963;

Footnotes33. Inserted by the Employees' Provident Funds (Ninth Amendment) Scheme, 1962.

34. Inserted by the Employees' Provident Funds (Thirteenth Amendment) Scheme, 1962.

35. Inserted by the Employees' Provident Funds (Fifth Amendment) Scheme, 1963.

36. Inserted by the Employees' Provident Funds (Sixth Amendment) Scheme, 1963.

37. Inserted by the Employees' Provident Funds (Seventh Amendment) Scheme, 1963.

38. Inserted by the Employees' Provident Funds (Thirteenth Amendment) Scheme, 1963.

39. Inserted by the Employees' Provident Funds (Fifteenth Amendment) Scheme, 1963.

40. Inserted by the Employees' Provident Funds (Seventeenth Amendment) Scheme, 1963.

41. Inserted by the Employees' Provident Funds (Eighteenth Amendment) Scheme, 1963.

42. Inserted by the Employees' Provident Funds (Twentieth Amendment) Scheme, 1963.

43(xxxvii) as respects the paint and varnish industry come into force on the 31st day of January, 1964;

44(xxxviii) as respects bone crushing industry come into force on the 31st day of January, 1964;

45(xxxix) as respects china-clay mines come into force on the 30th day of June, 1964;

46(xl)as respects pikers industry come into force on the 30th day of June, 1964;

47(xli) as respects the establishments in the Union territory of Goa, Daman and Diu in which territory the Employees' Provident Fund Act, 1952 (19 of 1952), has been enforced from the 1st July, 1964 by the notification of the Government of Goa, Daman and Diu, Industries and Labour Department No. LC/6/64, dated the 24th June, 1964, come into force on the 31st day of July, 1964;

48(xlii) as respects the establishments specified in the notification of the Government of India in the Department of Social Security, No. G.S.R. 1398, dated the 17th September, 1964, come into force on the 31st day of October, 1964;

49(xliii) as respects milk and milk products industry specified in the notification of the Government of India in the Department of Social Security, No. G.S.R. 1723, dated the 27th November, 1964, come into force on the 31st day of December, 1964;

50(xliv)as respects (1) travel agencies engaged in the (i) booking of International Air and Sea passages and other travel arrangements, (ii) booking of internal air and mail passages and other travel arrangements, and (iii) forwarding and clearing of cargo from and to overseas and within India; and (2) forwarding agencies engaged in the collection, packing, forwarding or delivery of any goods including, cat-loading, break-bulk service and foreign freight service specified in the notification of the Government of India in the Department of Social Security, No. G.S.R. 1976, dated the 9th December, 1964. come into force on the 31st day of January, 1965;

51(xlv) as respects non-ferrous metals and alloys in the form of ingots industry specified in the notification of the Government of India in the Department of Social Security, No. G.S.R. 1795, dated the 9th December, 1964, come into force on the 31st day of January, 1965;

52(xlvi) as respects bread industry specified in the notification of the Government of India in the Department of Social Security, No. G.S.R. 402, dated the 2nd March, 1965, come into force on the 31st day of March, 1965;

Footnotes43. Inserted by the Employees' Provident Funds (Second Amendment) Scheme, 1964.

44. Inserted by the Employees' Provident Funds (Fourth Amendment) Scheme, 1964.

45. Inserted by the Employees' Provident Funds (Twelfth Amendment) Scheme, 1964.

46. Inserted by the Employees' Provident Funds (Thirteenth Amendment) Scheme, 1964.

47. Inserted by the Employees' Provident Funds (Fifteenth Amendment) Scheme, 1964.

48. Inserted by the Employees' Provident Funds (Eighteenth Amendment) Scheme, 1964.

49. Inserted by the Employees' Provident Funds (Nineteenth Amendment) Scheme, 1964.

50. Inserted by the Employees' Provident Funds (Amendment) Scheme, 1965.

51. Inserted by the Employees' Provident Funds (Second Amendment) Scheme, 1965.

52. Inserted by the Employees' Provident Funds (Fifth Amendment) Scheme, 1965.

53(xlvii) as respects the stemming or re-drying of tobacco leaf industry, that is to say, any industry engaged in the stemming, re-drying, handling, sorting, grading or packing of tobacco leaf specified in the notification of the Government of India in the Department of Social Security, No. G.S.R. 768, dated the 18th May, 1965, come into force on the 30th day of June, 1965;

54(xlviii)as respects agarbattee (including dhoop and dhoopbattee) industry specified in the notification of the Government of India in the Department of Social Security, No. G.S.R. 9 10, dated the 23rd June, 1965, come into force on the 31st day of July, 1965;

55(xlix) as respects coir (excluding the spinning sector) industry specified in the notification of the Government of India in the Department of Social Security, No. G.S.R. 952, dated the 3rd July, 1965, come into force on the 30th day of September, 1965;

56(l) as respects magnesite mines covered by the notification of the Government of India in the Department of Social Security, No. G.S.R. 1166, dated the 9th August, 1965, come into force on the 31st day of August, 1965;

57(li) as respects stone quarries producing roof and floor slabs, dimension stones, monumental stones and mosaic chips covered by the notification of the Government of India in the Department of Social Security, No. G.S.R. 1779, dated the 4th December 1965, come into force on the 31st day of December 1965;

58(lii) as respects banks doing business in one State or Union territory and having no departments or branches outside that State or Union territory covered by the notification of the Government of India in the Department of Social Security, No. G.S.R. 2, dated the 18th December, 1965, come into force on the 31st day of January, 1966j

59(liii) as respects the tobacco industry, that is to say, any industry engaged in the manufacture of cigars, zarda, snuff, qivam and guraku from tobacco covered by the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 895, dated the 1st June, 1966, come into force on the 30th day of June, 1966;

60(liv)as respects paper products industry covered by the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 119, dated the 11th July, 1966, come into force on the 31st day of July, 1966;

Footnotes53. Inserted by the Employees' Provident Funds (Seventh Amendment) Scheme, 1965.

54. Inserted by the Employees' Provident Funds (Ninth Amendment) Scheme, 1965.

55. Inserted by the Employees' Provident Funds (Tenth Amendment) Scheme, 1965.

56. Inserted by the Employees' Provident Funds (Eleventh Amendment) Scheme, 1965.

57. Inserted by the Employees' Provident Funds (Fourteenth Amendment) Scheme, 1965.

58. Inserted by the Employees' Provident Funds (Amendment) Scheme, 1966.

59. Inserted by the Employees' Provident Funds (Ninth Amendment) Scheme, 1966.

60. Inserted by the Employees' Provident Funds (Twelfth Amendment) Scheme, 1966.

61(lv) as respects licensed salt industry covered by the notification of the Governmerit of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 1362, dated 30th August, 1966, come into force on the 30th day of September, 1966;

62(lvi) as respects linoleum and indoleum industries specified in the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 437, dated the 27th March, 1967, come into force on the 30th day of April, 1967;

63(lvii) as respects explosives industry, come into force on the 31st day of July, 1967;

64(lviii) as respects jute bailing or pressing industry specified in the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 1226, dated the 5th August, 1967, come into force on the 31st day of August, 1967;

65(lix) as respects fireworks and percussion cap works industry specified in the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 1530, dated the 5th October, 1967, come into force on the 31st day of October, 1967;

66(lx) as respects tent making industry specified in the notification of the Governmerit of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 1716, dated the 3rd November, 1967, come into force on the 30th day of November, 1967;

67(lxi) as respects the barytes, dolomite, fireclay, gypsum, kyanite, silliminite and steatite mines come into force on the 3 1 st day of August, 1968;

68(lxii)as respects Cinchona plantations come into force on the 31st day of December, 1968;

69(lxiii)as respects ferromanganese industry come into force on the 30th day of April, 1969;

70(lxiv) as respect ice or ice-cream industry come into force on the 30th day of June, 1969;

71(lxv)as respects diamond mines come into force on the 30th day of June, 1969;

72(lxvi)as respects establishments which are exclusively or principally engaged in general insurance business come into force on the 31st day of January, 1970;

Footnotes61. Inserted by the Employees' Provident Funds (Fifteenth Amendment) Scheme, 1966.

62. Inserted by the Employees' Provident Funds (Third Amendment) Scheme, 1967.

63. Inserted by the Employees' Provident Funds (Fifth Amendment) Scheme, 1967.

64. Inserted by the Employees' Provident Funds (Sixth Amendment) Scheme, 1967.

65. Inserted by the Employees' Provident Funds (Ninth Amendment) Scheme, 1967.

66. Inserted by the Employees' Provident Funds (Tenth Amendment) Scheme, 1967.

67. Inserted by the Employees' Provident Funds (Fourth Amendment) Scheme, 1968.

68. Inserted by the Employees' Provident Funds (Eighth Amendment) Scheme, 1968.

69. Inserted by the Employees' Provident Funds (Amendment) Scheme, 1969.

70. Inserted by the Employees' Provident Funds (Second Amendment) Scheme, 1969.

71. Inserted by the Employees' Provident Funds (Third Amendment) Scheme, 1969.

72. Inserted by the Employees' Provident Funds (Seventh Amendment) Scheme, 1969.

73(lxvii) as respects establishments rendering expert services come into force on the 31st day of May, 1971;

74(lxviii)as respects factories engaged in the winding of thread and yarn reeling covered by the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 1988, dated the 22nd November, 197 1, come into force on the 30th day of November, 197 1J

75(Zxix)as respects Railway Booking Agencies run by the contractors or by other private establishments on commission basis specified in the notification of the Government of India in the Department of Labour and Employment, No. 4/ 3 /65-PF-II (i), dated the 17th March, 1972, come into force on the 31st day of March, 1972;

76(lxx)as respects cotton ginning, bailing and pressing industry, specified in the notification of Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 1251, dated the 23rd September, 1972, come into force on the 30th day of September, 197;j

77(lxxi)as respects messes other than military messes covered by the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 299, dated the 24th March, 1973, come into force on the 31st March, 1973;

(lxxii) 78

79( lxxiii) as respects factories relating to "Katha" making industry covered by the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 503, dated the 2nd May, 1973, come in to force on 31st day of May, 1973;

80(lxxiv) as respects the establishments known as hospitals specified in the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 1082, dated the 29th September, 1973, come into force on the 31st August, 1973;

81(lxxv) as respects the employees of the beer manufacturing industry, that is to say, any industry engaged in the manufacture of the product of alcoholic fermentation of a mash in potable water of malted barley and hops, or of hops concentrated with or without the addition of other malted or unmalted cereals or other carbohydrate preparations, specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R.428, dated the 27th April, 1974, come into force on the 30th April, 1974;

Footnotes73.Inserted by the Employees' Provident Funds (Second Amendment) Scheme, 1971.

74.Inserted by the Employees' Provident Funds (Second Amendment) Scheme, 1972.

75.Inserted by the Employees' Provident Funds (Fourth Amendment) Scheme, 1972.

76.Inserted by the Employees' Provident Funds (Seventh Amendment) Scheme, 1972.

77.Inserted by the Employees' Provident Funds (Second Amendment) Scheme, 1973.

78. Omitted by the Employees' Provident Funds (Third Amendment) Scheme, 1977. Earlier existing sub-clause (Ixxii) was amended by the Employees' Provident Funds (Fourth Amendment) Scheme, 1975.

79.Inserted by the Employees' Provident Funds (Third Amendment) Scheme, 1973.

80.Inserted by the Employees' Provident Funds (Fifth Amendment) Scheme, 1973.

81.Inserted by the Employees' Provident Funds (Fourth Amendment) Scheme, 1974.

82(lxxvi) as respects the establishments engaged in sorting, cleaning and teasing of cotton specified in the notification of the Government of India, in the Ministry of Labour, No, G.S.R. 1094, dated the 26th September, 1974, come into force on the 30th day of September, 1974;

83(lxxvii) as respect societies, clubs, or associations which render service to their members without charging any fee over and above the subscription fee or membership fee specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 1294, dated 16th November, 1974, come into force on the 30th day of November, 1974;

84(lxxviii) as respects every garments making factory specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 1295, dated 23rd November, 1974, come into force on the 13th day of November, 1974;

85(lxxix) as respects the Agricultural Farms, Fruit Orchards, Botanical Garden and Zoological Gardens specified in the notification of the Government of the in the Ministry of Labour, No. G.S.R. 1315, dated 27th November, 1974, into force on the 31st day of December, 1974;

86(lxxx) as respects soap stone mines and establishment engaged in the grinding of soap stone covered by the notification of the Government of India in the Ministry of Labour, S.O. 1955, dated the 21st June, 1975, come into force on the 30th June, 1975;

87(lxxxi) as respects the apatite, asbestos, calcite, ball clay, corundum, emerald feldspar, silica (sand), quartz, ochre, chromite, graphite and fluorite mines covered by the notification of the Government of India in the Ministry of Labour, No. G.S.R. 1102, dated the 24th July, 1976, come into force on the 30th September, 1976;

88(lxxxii) as respects,-

(1) establishments which are factories engaged in the manufacture, of glue and gelatine,

(2) stone quarries producing stone chips, stone sets, stone boulders, and ballasts, and

(3)establishments engaged in fish processing and non-vegetable food preservation industry including bacon factories and pork processing plants,

covered by the notification of the Government of India in the Ministry of Labour, No. G.S.R. 204, dated the 31st January, 1977, come into force on the 28th February, 1977;

Footnotes82. Inserted by the Employees' Provident Funds (Ninth Amendment) Scheme, 1974.

83. Inserted by the Employees' Provident Funds (Eleventh Amendment) Scheme, 1974.

84. Inserted by the Employees' Provident Funds (Twelfth Amendment) Scheme, 1974.

85. Inserted, ibid.

86. Inserted by the Employees' Provident Funds (Fourth Amendment) Scheme, 1975.

87. Inserted by the Employees' Provident Funds (Fourth Amendment) Scheme, 1976.

88. Inserted by the Employees' Provident Funds (Amendment) Scheme, 1977.


89(lxxxiii) as respects the beedi industry, that is to say, any industry engaged in the manufacture of beedis, specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 660, dated the 17th May, 1977, come into force or the 31st May, 1977;

90(lxxxiv) as respects the financial establishment (other than banks) engaged in the activities of borrowing, lending, advancing of money and dealing with other monetary transactions with a view to earn interest not being the Unit Trust of India established under the Unit Trust of India Act, 1963 (52 of 1963), the Agricultural Refinance Corporation established under the Agricultural Refinance Corporation Act, 1963 (10 of 1963), the Industrial Development Bank of India established under the Industrial Development Bank of India Act, 1964 (18 of 1964), the Industrial Finance Corporation of India established under the Industrial Finance Corporation Act, 1948 (15 of 1948) and State Finance Corporations established under the State Finance Corporation Acts specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 1458, dated the 18th November, 1978, come into force on the day of December 31, 1978;;

91(lxxxv)as respects lignite mines specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 31, dated the 16th December, 1978, come into force on the 6th January, 1979;

92(lxxxvi) as respects the Ferro Chrome Industry, that is to say, any industry engaged in the manufacture of Ferro Chrome, specified in the notification of the Government of India in the Ministry of Labour No. G.S.R. 938, dated the 25th June, 1978, come into force on the 31st July, 1979;

93(lxxxvii) as respects the Diamond Cutting Industry, that is to say, any industry engaged in the cutting of diamond, specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 564, dated the 17th May, 1980, come into force on the 31st May, 1980;

(lxxxviii) as respects the quartizite mines covered by the notification of the Government of India in the Ministry of Labour, No. G.S.R. 563, dated the 17th May, 1980, come into force on the 31st May, 1980;

(lxxxix)as respects the inland water transport establishments, that is to say, any establishment engaged in the activities of inland water transport specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 565, dated the 17th May, 1980, come into force on the 31st May, 1980;

94(xc) as respects the establishments engaged in Building and Construction Industry specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 1069, dated the 11th October, 1980, come into force on the 31st October, 1980.

Footnotes89. Inserted by the Employees' Provident Funds (Fourth Amendment) Scheme, 1977.

90. Inserted by the Employees' Provident Funds (Fourth Amendment) Scheme, 1978.

91. Inserted by the Employees' Provident Funds (Amendment) Scheme, 1979.

92. Inserted by the Employees' Provident Funds (Second Amendment) Scheme, 1979.

93. Inserted by the Employees' Provident Funds (Second Amendment) Scheme, 1980.

94. Inserted by the Employees' Provident Funds (Third Amendment) Scheme, 1980.

95(xci) as respects factories relating to the Myrobalan Extract Power Myrobalan Extract Solid and Vegetable Tannin Blended Extract Industries, specified in the notification of the Government of India in the Ministry of Labour No. G.S.R. 613(E), dated the 30th October, 1980, come into force on the 31st October, 1980;

96(xcii) as respects the Brick Industry, that is to say, any industry engaged in the manufacture of bricks, specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 662(E), dated the 27th November, 1980, come into force on the 30th November, 1980;

97(xciii)as respects the establishments engaged in stevedoring, loading and unloading of ships specified in the notification of the Government of India in the Minis" of Labour, No. G.S.R. 611 (E), dated the 23rd November, 1981, published in Part II, Section 3, sub-section (i) of the Gazette of India, Extraordinary, dated the 23rd November, 1981;

98(xciv) as respects establishments engaged in poultry farming specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 643(E), dated the 7th December, 1981 published at page 1834 in Part II, section 3, sub-section (1) of the Gazette of India, Extraordinary, dated the 7th December, 1981;

(xcv) as respects the establishments engaged in Cattle Feed Industry specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 644(E), dated the 7th December, 1981, published at page 1934 in Part II, section 3, sub-section (i) of the Gazette of India, Extraordinary, dated the 7th December, 1982;

99(xcvi) as respects the educational, scientific, research and training institutions specified in the notification of the Government of India in the Ministry of Labour, No. S.O. 986, dated the 19th February, 1982, published in Part II, Section 3, sub-section (ii) of the Gazette of India, dated 6th March, 1982j

1(xcvii) as respects the industries based on asbestos as principal raw material, specified in the notification of the Government of India in the Ministry of Labour and Rehabilitation No. S.O. 2459, dated the 21st May, 1983, published in Part II, Section 3, sub-section (ii) of the Gazette of India, dated the 4th June, 1983;

2(xcviii) as respect the cinema theatres employing 5 or more workers as specified in section 24 of the Cine-Workers and Cinema Theatre Workers (Regulations of Employment) Act, 1981 (50 of 1981) be deemed to have come into force with effect from the 1st day of October, 1984;

Footnotes95. Inserted by the Employees' Provident Funds (Fourth Amendment) Scheme, 1980.

96. Inserted by the Employees' Provident Funds (Fifth Amendment) Scheme, 1980.

97. Inserted by the Employees' Provident Funds (Seventh Amendment) Scheme, 1981.

98. inserted by the Employees' Provident Funds (Third Amendment) Scheme, 1982.

99. Inserted by the Employees' Provident Funds (Fourth Amendment) Scheme, 1982.

1.Inserted by the Employees' Provident Funds (Fifth Amendment) Scheme, 1983, w.e.f. 1-1-1984.

2.Inserted by the Employees' Provident Funds (Amendment) Scheme, 1986, w.e.f. 10-5-1986.

3(xcix) as respects the iron ore pellets industry as specified in the notification of the Government of India in the Ministry of Labour, No. S.O. 2276, dated 30th August, 1989, published in Part II, Section 3, sub-section (ii) of the Gazette of India, dated 16th September, 1989;

(xcx) as respects the establishments engaged in Guar Gum Factories, Marble Mines and Diamond Saw Mills specified in the notification of the Government of India, in the Ministry of Labour, No. G,S.R. 170, dated 25th March, 1992, published in Part II, Section 3, sub-section (ii) of the Gazette of India, dated 11th April, 1992.

2 . DEFINITIONS.-

In this Scheme, unless the context otherwise requires-(a) "Act" means the Employees' Provident 4 Funds and Family Pension Fund Act, 1952 (19 of 1952);

(b) 5

(c) "Children" means legitimate children and includes adopted children if the Commissioner is satisfied that under the personal law of the member adoption of a child is legally recognised;

6(a)"Commissioner" means a Commissioner for Employees' Provident Fund appointed under section 5D of the Act and includes a Deputy Provident Fund Commissioner and a Regional Provident Fund Commissioner;

(e)"continuous service" means uninterrupted service and includes service which is interrupted by sickness, accident, authorised leave, strike which is not illegal, or cessation of work not due to the employee's fault;

(f) "excluded employee" means-

7(i) an employee who, having been a member of the Fund, withdrew the full amount of his accumulations in the Fund under clause (a) or (c) of subparagraph (1) of paragraph 69;

8(ii) an employee whose pay at the time he is otherwise entitled to become a member of the Fund, exceeds 9five thousand rupees per month;

Footnotes3. Inserted by the Employees' Provident Funds (Second Amendment) Scheme, 1993, w.e.f. 20-2-1993.

4. Substituted for "Funds Act" by the Employees' Provident Funds (Third Amendment) Scheme, 1972, w.e.f. 13-2-1971.

5. Omitted by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

6. Substituted, ibid.

7. Substituted by the Employees' Provident Funds (Amendment) Scheme, 1960.

8. Substituted by SRO 1337, dated 16-4-1957.

9. Substituted for 'three thousand and five hundred rupees" by the Employees' Provident Funds (Second Amendment) Scheme, 1994, w.e.f. 1-10-1994. Earlier "three thousand and five hundred rupees" was substituted for "two thousand and five hundred rupees" by the Employees' Provident Funds (Third Amendment) Scheme, 1990, w.e.f. 1-11-1990.

Explanation: 'Pay' includes basic wages with 10dearness allowance, retaining allowance (if any) and cash value of food concessions admissible thereon;(iii) 11

12(iv) an apprentice.

Explanation: An apprentice means a person who, according to the certified standing orders applicable to the factory or establishment, is an apprentice, or who is declared to be an apprentice by the authority specified in this behalf by the appropriate Government;(vi) 13

(g) "family" means-

(i) 14in the case of a male member, his wife, his children, whether married or unmarried, his dependent parents and his deceased son's widow and children:

Provided that if a member proves that his wife has ceased, under the personal law governing him or the customary law of the community to which the spouses belong, to be entitled to maintenance she shall no longer be deemed to be a part of the member's family for the purpose of this Scheme, unless the member subsequently intimates by express notice in writing to the Commissioner that she shall continue to be so regarded; and(ii) 15in the case of a female member, her husband, her children, whether married or unmarried, her dependent parents, her husband's dependent parents and her deceased son's widow and children:

Provided that if a member by notice in writing to the Commissioner expresses her desire to exclude her husband from the family, the husband and his dependent parents shall no longer be deemed to be a part of the member's family for the purpose of this Scheme, unless the member subsequently cancels in writing any such notice.Explanation: In either of the above two cases, if the child of a member 16or, as the case may be, the child of a deceased son of the member has been adopted by another person and if, under the personal law of the adopter, adoption is legally recognised, such a child shall be considered as excluded from the family of the member;(h) "financial year" means the year commencing on the first day of April;

Footnotes10.Substituted for "dearness allowance and cash value of food concessions" by the Employees' Provident Funds (Amendment) Scheme, 1961, w.e.f. 31-12-1960.

11.Sub-clause (iii) and Explanation thereto omitted by the Employees' Provident Funds (Amendment) Scheme, 1960.

12.Substituted for clauses (iv) & (v) by SRO 331, dated 15-1-1958.

13.Omitted by SRO 2035, dated 28-10-1953.

14.Substituted for the portion beginning with In the case of a male member" and ending with "deceased son of the member:" by the Employees' Provident Funds (Fifth Amendment) Scheme, 1966.

15.Substituted for the portion beginning with In the case of a female member' and ending with "deceased son of the member:", ibid.

16.Inserted, ibid.

(i)"Government security" shall have the meaning assigned to it in the Public Debts Act, 1944 (18 of 1944);

(j) "Inspector" means a person appointed as such under section 13 of the Act;

(k)"Quarter" means a period of three months commencing on the first day of January, the first day of April, the first day of July and the first day of October of each year,

17(kk) 'seasonal factory' means a factory which is exclusively engaged in the manufacture of tea, sugar, rubber 18, turpentine, rosin, indigo, lac, 19fruit and vegetable preservation industry, 20rice milling industry, dal milling industry, 21cashewnut industry, 22stemming or redrying of tobacco leaf industry, 23, tiles industry, hosiery industry, oil milling industry, 24licensed salt industry, 25jute baling or pressing industry, 26fire works and percussion cap works industry, 27ice or ice cream industry 28or cotton ginning, baling and pressing industry;

29(kkk) "seasonal establishment" means a plantation of tea, coffee, rubber, cardamom or pepper, 3031a coffee curing establishment, a fireclay mine or a gypsum mine;

(l) 'trustee' means a member of a Board of Trustees; and

(m) all other words and expressions shall have the meanings respectively assigned to them in the Act.

 
CHAPTER II
-

3 . 33ELECTION OF CERTAIN MEMBERS OF THE EXECUTIVE COMMITTEE.-

(1) The Chairman of the Central Board shall call a meeting of the Board for the purpose of election to the Executive Committee of the members representing the

Footnotes17.Inserted by SRO 1660, dated 21-7-1956.

18.Inserted by SRO 2027, dated 3-9-1956.

19.Inserted by the Employees' Provident Funds (Fourteenth Amendment) Scheme, 1962.

20.Inserted by the Employees' Provident Funds (Fourteenth Amendment) Scheme, 1963.

21.Inserted by the Employees' Provident Funds (Eighth Amendment) Scheme, 1964.

22.Inserted by the Employees' Provident Funds (Eighth Amendment) Scheme, 1965, w.e.f. 30-6-1965.

23.Inserted by the Employees' Provident Funds (Eleventh Amendment) Scheme, 1966.

24.Inserted by the Employees' Provident Funds (Sixteenth Amendment) Scheme, 1966.

25.Inserted by the Employees' Provident Funds (Seventh Amendment) Scheme, 1967.

26.Inserted by the Employees' Provident Funds (Ninth Amendment) Scheme, 1967.

27.Inserted by the Employees' Provident Funds (Second Amendment) Scheme, 1969.

28.Inserted by the Employees' Provident Funds (Seventh Amendment) Scheme, 1972.

29.Inserted by SRO 1363, dated 26-4-1957.

30.Substituted for"or a coffee curing establishment" by the Employees' Provident Funds (Sixth Amendment) Scheme, 1969.

31.Inserted by GSR 482, dated 5-6-1958.

32.Substituted for "Board of Trustees" by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989.

33.Inserted, ibid. Earlier para 3 was omitted by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

employer or, as the case may be, the employees referred to in clauses (a) and (c) of subsection (2) of section 5AA of the Act.(2) in the meeting referred to in sub-paragraph (1), the Chairman of the Central Board may invite the members to propose the names of those members, who represent the employers or, as the case may be, the employees and every such proposal shall he duly seconded by another member of the Board.

(3) if the number of persons proposed and seconded for election under sub-paragraph (2) does not exceed the number of vacancies to be filled up from amongst the persons representing the employers, or, as the case may be, the employees, the persons whose names have been so proposed and seconded in relation to the category of employers or employees, shall be declared elected to the Executive Committee.

(4) If the number of persons proposed and seconded for election under sub-paragraph (2) exceeds the number of vacancies to be filled up from amongst the persons representing the employers or, as the case may be, the employees, each member of the Board present at the meeting shall be given a ballot paper containing the names of all the candidates so proposed and seconded and he may record his votes thereon for as many candidates belonging to the categories of employers or employees, as there are vacancies to be filled up in relation to each such category, but not more than one vote shall be given in favour of any one candidate. If any member votes for more candidates than the number of vacancies in relation to the categories of employers or employees or given more than one vote in favour of any one candidate, all his votes shall be deemed to be invalid.

(5) The person getting the highest number of votes shall be declared by the Chairman as duly elected to the Executive Committee at the same meeting or as soon thereafter as possible:

Provided that where there is an equality of votes between any candidates, and the addition of one vote will entitle any of the candidates to be declared elected, such candidate shall be selected by lot to be drawn in the presence of the Chairman in such manner as he may determine.(6) If any question arises as to the validity of any election, it shall be referred to the Central Government, who shall decide the same.

4 . REGIONAL COMMITTEE.-

(1) Until such time as a State Board is constituted for a state, the 34Chairman of the Central Board may, 35by notification in the Official Gazette, set up a Regional Committee for the State, which will function under the control of the Central Board. The Regional Committee shall consist of the following persons, namely:-

(a) a Chairman 37appointed by the 36Chairman of the Central Board;

(b) Two persons 37appointed by the 36 Chairman of the Central Board on the recommendation of the State Government;

Footnotes34. Substituted for "Central Government" by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989.

35. Inserted by the Employees' Provident Funds (Fourth Amendment) Scheme, 1965.

36. Substituted for "Central Government" by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989.

37. Substituted for "nominated" by the Employees' Provident Funds (Fourth Amendment) Scheme, 1965.

(c) 38two persons representing employers in the 39industries or other establishments to which this Scheme applies in the State 40appointed by the Chairman of the Central Board in consultation with such organisations of employers in the State as may be recognised for the purpose by the Central Government; 41

(d) 38two persons representing employees in the 42industries or other establishments to which this Scheme applies in the State 40appointed by the Chairman of the Central Board in consultation with such organisations of employees in the State as may be recognised for the purpose by the Central Government; 43and

(e) the non-official members of the Central Board ordinarily resident in the State:

44Provided that where the Chairman of the Central Board considers it expedient so to do, he may appoint up to three additional representatives of the employers or, as the case may be, the employees.

45(2) A Regional Committee shall advise the Central Board,-

(i) on such matters as the Central Board may refer to it from time to time;

(ii) generally, on all matters connected with the administration of the Scheme in the State and, in particular, on-

(a) progress of recovery of provident fund contributions and other charges,

(b) expeditious disposal of prosecutions,

(c) speedy settlement of claims,

(d) annual rendering of accounts to members of the Fund, and

(e) speedy sanction of advances.

(3) As soon as a State Board is constituted for any State, the Regional Committee constituted for that State under this paragraph shall stand dissolved.

5 . (46)TERMS OF OFFICE.-

47(1) The term of office of the Chairman, Vice-Chairman and every Trustee of the Central Board referred to in clauses (b), (c), (a) and (e) of sub-section (1) of section 5A of the Act shall be five years commencing on and from the date oil which their appointment is notified in the Official Gazette.

Footnotes38. Substituted for "three persons" by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989.

39.Substituted for "industries' by SRO 1363, dated 26-4-1957.

40.Substituted for "appointed by the Central Government" by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989.

41.The word "and' omitted by SRO 502, dated 4-3-1953.

42.Substituted for "industries" by SRO 1363, dated 26-4-1957.

43.Inserted by SRO 502, dated 4-3-1953.

44. Inserted by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989. 45. Substituted by the Employees' Provident Funds (Fourth Amendment) Scheme, 1963.

46. Substituted by the Employees' Provident Funds (Eighth Amendment) Scheme, 1972. Earlier it was substituted by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

47.Substituted for sub-paras (1) and (2) by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989. Earlier existing sub-para (2) was substituted and sub-para (2A) was omitted by the Employees' Provident Funds (Sixth Amendment) Scheme, 1985, w.e.f. 12-10-1985.

(2) The term of office of the Chairman and every Member of the Executive Committee ref erred to in clauses (b), (c), (d) and (c) of sub-section (2) of section 5AA shall be two years and six months commencing on and from the date on which their appointment is notified in the Official Gazette.

(2A) The term of office of the Chairman and every Member of a Regional Committee referred to in clauses (b), (c) and (d) of sub-paragraph (1) of paragraph 4 shall be three years commencing on and from the date on which their appointment is notified in the Official Gazette.

(2B) Notwithstanding anything contained in sub-paragraphs (1), (2) and (2A) every trustee or member shall continue to hold office until the appointment of his successor is notified in the Official Gazette:

Provided that a member of the Executive Committee shall cease to hold office when he ceases to be a member of the Central Board.(3) A trustee or a member referred to in 48Sub-paragraphs (1), (2) and (2A) appointed to fill a casual vacancy shall hold office for the remaining period of the term of office of the trustee or member in whose place he is appointed and shall continue to hold office on the expiry of the term of office until the appointment of his successor is notified in the Official Gazette,

(4) An outgoing trustee or member shall be eligible for re-appointment.

Resignation.6. 49 A trustee of the Central Board or a member of 50the Executive Committee may resign his office by letter in writing addressed to the Central Government and his office shall fall vacant from the date on which his resignation is accepted by the Central Government.

51

52A member of a Regional Committee may resign his office by a letter in writing addressed to the Chairman, Central Board, and his office shall fall vacant from the date on which his resignation is accepted by the Chairman, Central Board.

7 . CESSATION AND RESTORATION OF TRUSTEESHIP.-

If a trustee or a member of 53the Executive Committee or a Regional Committee fails to attend three consecutive meetings of the Board or Committee, as the case may be, without obtaining leave of absence from the Chairman of the Board or Committee, he shall cease to be a trustee or member of the Committee:

Footnotes48. Substituted for sub-paragraph (2)' by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989.

49. The brackets and figure "(1)" omitted by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

50. Substituted for 'a Regional Committee' by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989.

51. Sub-para (2) omitted by the Employees' Provident Fund., (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

52. Inserted by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989.

51. Inserted, ibid.

54Provided that the Central Government in the case of the Central Board 55or the Executive Committee and the Chairman, Central Board, in the case of any Regional Committee may restore him to trusteeship or membership of the Executive Committee or of the Regional Committee, as the case may be, if it is satisfied that there were reasonable grounds for the absence.

8 . DISQUALIFICATIONS FOR TRUSTEESHIP OR MEMBERSHIP OF REGIONAL COMMITTEE.-


(1) A person shall be disqualified for being 56appointed as, or for being a trustee or member of a Regional Committee:-

(i) if he is declared to be of unsound mind by a competent court; or

(ii)if he is an undischarged insolvent; or

(iii) if before or after the commencement of the Act he has been convicted of an offence involving moral turpitude; -57or

57(iv) if he as an employer in relation to an exempted establishment or an establishment to which the Scheme applies has defaulted in the payment of any dues to the Central Board or the Fund recoverable from him under the Act or the Scheme, as the case may be.

58(2) If any question arises whether any person is disqualified under sub-paragraph (1) it shall be referred to the Central Government and the decision of the Central Government on any such question shall be final.

9 . 59REMOVAL FROM TRUSTEESHIP OR MEMBERSHIP OF A REGIONAL COMMITTEE.-

60The Central Government may remove from office any trustee of the Central Board or the Chairman, Central Board, may remove from office any member of a Regional Committee-

(i) if, in the opinion of the Central Government or the Chairman, Central Board, such trustee or member has ceased to represent the interest which he purports to represent on the Board or Committee, as the case may be; or

(ii) if he as an employer in relation to an exempted establishment or an establishment to which the Scheme applies has defaulted in the payment of any dues to the Board or the Fund recoverable from him under the Act or the Scheme, as the case may be:

Footnotes54. Substituted by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

55. Substituted for "and any Regional Committee may restore him to trusteeship or membership of' by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989.

56. Substituted for "nominated" by the Employees' Provident Funds (Fourth Amendment) Scheme, 1965.

57. Inserted by the Employees' Provident Funds (Third Amendment) Scheme, 1971.

58. Substituted by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

59. Substituted by the Employees' Provident Funds (Third Amendment) Scheme, 1971. Earlier existing paragraph 9 was amended by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

60. Substituted by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989.

Provided that no such trustee or member shall be removed from office unless a reasonable opportunity is given to such trustee or member and the body whom he represents, of making any representation against the proposed action.

10 . ABSENCE FROM INDIA.-

(1) Before a non-official trustee or a member of a Regional Committee leaves India:-

(a) he shall intimate to the Chairman of the 61Central Board or of the Committee, as the case may be, of the dates of his departure from and expected return to India, or

(b) if he intends to absent himself for a period longer than six months, he shall tender his resignation.

(2) If any trustee or a member of a Regional Committee leaves India for a period of six months or more without intimation to the Chairman of the 61Central Board or of the Regional Committee, as the case may be, he shall be deemed to have resigned from the 61Central Board or the Committee.

11 . MEETINGS.-

(1) 62The Central Board of Trustees 63or the Executive Committee or Regional Committee shall, subject to the provisions of paragraph 12, meet at such place and time as may be appointed by the Chairman:

64Provided that the Central Board or the Regional Committee shall meet at least twice in each financial year and the Executive Committee shall meet at least four times in each financial Year.

(2) The Chairman may, whenever he thinks fit, and shall within fifteen days of the receipt of a requisition in writing from not less than one-third of the members in the case of the 61Central Board 65or the Executive Committee and not less than three members excluding the Chairman in the case of 66a Regional Committee, call a meeting thereof.

12 . NOTICE OF MEETING AND LIST OF BUSINESS.-

Notice of not less than 15 days from the date of posting, containing the date, time and place of every ordinary meeting together with a list of business to be conducted at the meeting, shall be despatched by registered post or by special messenger to each Trustee or a member of 65the Executive Committee or the Regional Committee, as the case may be, present in India:Provided that when the Chairman calls a meeting for considering any matter which in his opinion is urgent, a notice giving such reasonable time as he may consider necessary, shall be deemed sufficient.

Footnotes61. Substituted for "Board" by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

62. Substituted for "A Board', ibid.

63. Inserted by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989.

64. Substituted, ibid. Earlier existing proviso was inserted by the Employees' Provident Funds (Fourth Amendment) Scheme, 1971, Av.e.f. 25-11-1971.

65. Inserted by the Employees' Provident Fund (Amendment) Scheme 1989, Av.e.f. 1-7-1989.

66. Substituted for "a Committee", ibid.

13 . 67CHAIRMAN TO PRESIDE AT MEETINGS.-

The Chairman of the Central Board or the Executive Committee or a Regional Committee shall preside at every meeting of the Central Board or the Executive Committee or the Regional Committee, as the case may be, at which he is present. If the Chairman of the Central Board is absent at any time, the Vice-Chairman thereof shall preside over the meeting of the Central Board and exercise all the powers of the Chairman at the meeting. If the Vice-Chairman of the Central Board or the Chairman of theExecutive Committee or of a Regional Committee is absent at any time, the trustees or members present shall elect one of the trustees or, as the case may be, the members to preside over the meeting and the trustee or member so elected, shall exercise all the powers of the Chairman at the meeting.


14 . 68QUORUM.-

(1) No business shall be transacted at a meeting of the Central Board 69or the Executive Committee or a Regional Committee unless at least eleven trustees or fourmembers of the Executive Committee or a Regional Committee, as the case may be, are present, of whom-

(a) in the case of the Central Board at least one each shall be from among those appointed under clauses (d) and (e) respectively of sub-section (1) of section 5A of the Act;

70(aa) in the case of the Executive Committee at least one each shall be from among those elected under clauses (d) and (e) of sub-section (2) of section 5AA of the Act;

(b)in the case of Regional Committee, at least one shall be from among those 71appointed under clause (c) and at least one from among those 71appointed under clause (a) of sub-paragraph (1) of paragraph 4.

(2) If at any meeting the number of trustees or members of 70the Executive Committee or a Regional Committee is less than the required quorum, the Chairman shall adjourn the meeting to a date not later than seven days from the date of the original meeting informing the trustees or members of 70the Executive Committee or the Regional Committee, as the case may be, of the date, time and place of the adjourned meeting and it shall thereupon be lawful to dispose of the business at such adjourned meeting irrespective of the number of trustees or members of 70the Executive Committee or the Regional Committee present.

Footnotes67. Substituted by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-71989. Earlier paragraph 13 was amended by the Employees Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

68. Substituted by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

69. Substituted for "or a Regional Committee unless at least four trustees or members of the Regional Committee' by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989.

70. Inserted, ibid.

71. Substituted for 'nominated' by the Employees' Provident Funds (Fourth Amendment) Scheme, 1965


72Nomination of a substitute during the absence of a trustee/member of the Central Board/ Regional Committee.

14A. (1) If a trustee or a member is unable to attend any meeting of the 73Central Board or the Regional Committee, as the case may be, he may, by a written instrument, signed by him, addressed to the Chairman of the 73Central Board or the Regional Committee, as the case may be, and explaining the reasons for his inability to attendthe meeting, appoint any representative of the Organisation, which he represents on the73Central Board or the Regional Committee, as his substitute for attending that meeting of the 73Central Board or the Regional Committee in his place:

Provided that no such appointment shall be valid unless-(i) such appointment has been approved by the Chairman of the 73Central Board or the Regional Committee as the case may be; and

(ii) the instrument making such appointment has been received by the Chairman of the 73Central Board or the Regional Committee, as the case may be 74before the date fixed for the meeting.

(2) A substitute validly appointed under sub-paragraph (1) shall have all the rights and powers of a trustee or a member, in relation to the meeting of the 73Central Board or the Regional Committee, in respect of which he is appointed and shall receive allowances, and be under obligations as if he were a trustee or a member appointed under the Act and the scheme respectively.

(3) A trustee or a member appointing a substitute for attending any meeting of the 73Central Board or the Regional Committee, as the case may be, shall, notwithstanding anything contained in this paragraph, continue to be liable for the misappropriation or misapplication of the Fund by the substitute and shall also be liable for any act of misfeasance or non-feasance committed in relation to the Fund by the substitute appointed by him.

15. DISPOSAL OF BUSINESS

Every question considered at a meeting of 75the Central Board, 76or the Executive Committee or a Regional Committee shall be decided by a majority of the votes of thetrustees or "members of the Executive Committee or a Regional Committee present and voting. In the event of an equality of votes the Chairman shall exercise a casting vote:Provided that the Chairman may, if he thinks fit, direct that any question shall be decided by the circulation of necessary papers to trustees or 77members of the Executive Committee or a Regional Committee present in India and by securing their opinions in writing. Any such question shall be decided in accordance with the opinion of the majority of trustees or members received within the time limit allowed and if the opinions are equally divided, the opinion of the Chairman shall prevail:

Footnotes72.Inserted by the Employees' Provident Funds (Nineteenth Amendment) Scheme, 1963.

73. Substituted for "Board" by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f., 30-11-1963.

74. The words 'at least seven days" omitted by the Employees' Provident Funds (Second Amendment) Scheme, 1985, w.e.f. 6-4-1985. Earlier the word "seven" was substituted for 'fifteen'by the Employees' Provident Funds (Tenth Amendment) Scheme, 1964.

75.Substituted for "a Board", ibid.

76. Inserted by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989.

77. Substituted for "members of the Regional Committee" and "member's of a Regional Committee', respectively, ibid.

Provided further that any trustee or member of 78the Executive Committee or Regional Committee may request that the question referred to trustees or, 79members of the Executive Committee or a Regional Committee, as the case may be, for written opinion be considered at a meeting of the 80Central Board; 81or the Executive Committee or a Regional Committee and thereupon the Chairman may, and if the request is made by not less than three trustees or 79members of the Executive Committee or a Regional Committee shall direct that it be so considered.

16.MINUTES OF MEETINGS.

(1) The minutes of a meeting of 82the Central Board 83or the Executive Committee or a Regional Committee showing inter alia the names of the trustees or members of 84Executive Committee or a Regional Committee present thereat shall be circulated to all trustees or members of 84Executive Committee or a Regional Committee present in India not later than one month from the date of the meeting. The minutes shall thereafter be recorded in minute book as a permanent record:

Provided that if another meeting is held within a period of one month and ten days, the minutes shall be circulated so as to reach the trustees or members atleast ten days before such meeting.(2) The records of the minutes of each meeting shall be signed by the Chairman after confirmation with such modifications, if any, as may be considered necessary at the next meeting.

85Acts of 86 a Regional Committee not invalid by reason merely of any vacancy in, or defect in the constitution, etc.

17. No actor proceeding of 86 a Regional Committee shall be deemed to be invalid by reason merely of any vacancy in or any defect in the constitution of 86 the Regional Committee 87 .

Footnotes78. Inserted by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f., 1-7-1989.

79. Substituted for "members of the Regional Committee" and "members of a Regional Committee", ibid.

80. Substituted for "Board" by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

81. Inserted by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1 - 7 - 1989. 82. Substituted for "a Board" by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

83. Inserted by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989. 84. Substituted for "the Regional Committee", ibid.

85. Substituted by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

86. The words"the Central Board or" omitted by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f., 1-7-1989.

87. The words "as the case may be" omitted, ibid.

18 . FEES AND ALLOWANCES.-

(1) The 88traveling allowance and daily allowance of an official trustee or official member of the Executive Committee or a Regional Committee shall be governed by the rules applicable to him for journeys performed on official duties and shall be paid by the authority paying his salary.

89(2) Subject to the provisions of sub-paragraphs (3) and (4), every non-official trustee or non-official member of the Executive Committee or a Regional Committee be allowed travelling and daily allowances for attending the meeting of the Central Board or the Executive Committee or the Regional Committee, as the case may be at the following rates, namely:-

(i) Travelling allowance:-

(A) a non-official trustee or member residing at the place where a meeting is held shall be allowed the actual expenditure incurred by him on conveyance, subject to the maximum of rupees fifty for each day on which he attends one or more meetings,

(B) a non -official trustee or member not residing at the place where a meeting is held, shall be allowed,-

(a) actual expenditure incurred by him on air journey by economy (tourist) class ;

(b)actual expenditure incurred by him on single return journey fare by rail 90by first air-conditioned class or by 2nd A.C., two-tier sleeper or first class, as the case may be,

(c)actual fare or expenditure incurred by him on road journey by taxi or own car or auto-rickshaw or bus (other than an air-conditioned bus) but not exceeding the rates notified by the concerned Director of Transport for journey by taxi or auto-rickshaw. When the journey is performed between places connected by rail, the fare will be limited what would have been admissible to the trustee or member under clause (b) of this item.

(ii) Daily allowance:-

(A)a non-official trustee or member residing at a place where a meeting is held shall not be entitled to any daily allowance.

(B) a non-official trustee or member not residing at the place where a meeting is held shall be paid daily allowance at the rate of Rs. 150 per day if he member stays in a hotel and Rs. 100 per day if the member does not stay in a hotel:

Provided that the daily allowance shall be calculated for attending the meeting for the entire absence from the normal place of residence of the non-official trustee or member on calendar day basis, i.e., midnight to midnight as under:-

Footnotes88. Substituted for "travelling allowance of an official trustee or official member of Regional Committee" by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989.

89. Substituted, ibid. Earlier Sub-Paragraph (2) was amended by the Employees' Provident Funds (First Amendment) Scheme, 1981, w.e.f. 1-1-1980.

90.Inserted by the Employees' Provident Funds (Amendment) Scheme, 1993, w.e.f. 6-2-1993.

For absence not exceeding 6 hours NilFor absence exceeding 6 hours but not exceeding 12 hours 70 per centFor absence exceeding 12 hours 100 per cent91(3) Where such trustee or member being a member of a State Legislature attends a meeting of the 92Central Board or 93the Executive Committee or the Regional Committee, as the case may be, he shall be entitled-

(i) when the State Legislature is not in session, to such travelling and daily allowances as are admissible to Grade I Officers of the State Government; and

(ii) when the State Legislature is in session, to such travelling and daily allowances as are admissible to the members of that Legislature for attending meetings of the Legislature.

(4) Where such trustee or member being a member of either House of Parliament attends a meeting of the 94Central Board or 95the Executive Committee or the Regional Committee, as the case may be, he shall be entitled to such travelling and daily allowances as may be admissible to him under the rules laid down by the Central Government on the subject from time to time:

96provided that when a Minister is appointed as Chairman or member of the Board or of 97the Executive Committee or of the Regional Committee, and attends a meeting of such Central Board or 95the Executive Committee or Regional Committee, as the case may be, his travelling and daily allowance shall be governed by the rules applicable to him for journeys performed on official duties and shall be paid by the authority paying his salary.

(5) 98

Explanation I:No daily or travelling allowance in respect of any day journey, as the case may be, shall be claimed under this paragraph by a trustee or member of 99the Executive Committee or a Regional Committee if he has drawn or will draw allowance for the same from his employer or as a member of any Legislature or of any Committee or Conference constituted or convened by Government and no travelling allowance shall be claimed if he uses a means of transport provided at the expense of Government or his employer.Explanation II. 1

Footnotes91.Inserted by the Employees' Provident Funds (Fourth Amendment) Scheme, 1961.

92.Substituted for "Board" by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

93.Inserted by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989.

94.Substituted for "Board" by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

95.Inserted by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f, 1-7-1989.

96.Inserted by the Employees' Provident Funds (Fifth Amendment) Scheme, 197b, w.e.f. 2-10-1976.

97.Substituted for "the Regional Committee" by the Employees,' Provident Funds (Amendment) Scheme, 1989 ' w.e.f. 1-7-1989.

98.Omitted, ibid Earlier existing sub-para (5) was amended by the Employees' Provident Funds (Second Amendment) Scheme, 1984, w.e.f. 8-12-1984.

99.Inserted by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989.

1. Omitted, ibid.
 
CHAPTER III
APPOINTMENT AND POWERS OF COMMISSIONER AND OTHER STAFF OF BOARD OF TRUSTEES

19 . CENTRAL PROVIDENT FUND COMMISSIONER AND FINANCIAL ADVISER AND CHIEF ACCOUNTS OFFICER.-

The Central Provident Fund Commissioner and the Financial Adviser and Chief Accounts Officer shall not undertake any work unconnected with their office without the previous sanction of the Central Government.

20. 3

21 . 4OPENING OF REGIONAL AND OTHER OFFICES.-

The Central Board may, 5 open such regional and local offices as it may consider desirable for the proper implementation of the Scheme. It may also define the functions and duties of the regional and local offices.


22 . 4SECRETARY OF THE CENTRAL BOARD OR A REGIONAL COMMITTEE.-

6(1) The Central Provident Fund Commissioner shall be the Secretary of the Central Board and of the Executive Committee. The Regional Provident Fund Commissioner-in-charge of the region shall be the Secretary of the Regional Committee of the State/Union Territory within his jurisdiction.

(2) The Secretary to the Central Board or 7the Executive Committee or a Regional Committee shall, in consultation with the Chairman, convene meetings of the Central Board or 7the Executive Committee or the Regional Committee, as the case may be, keep a record of its minutes and shall take the necessary steps for carrying out the decisions of the Central Board or 7the Executive Committee or the Regional Committee, as the case may be.

8Appointment of officers and employees of the Central Board.

22A. The power of appointment vested in the Central Board under sub-section (3) of section 5D of the Act shall be exercised by the Board in relation to posts carrying the maximum scale of pay of Rs. 4500-5700.

Footnotes2. Substituted by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989.

3. Omitted by Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

4.Substituted, ibid.

5.Words 'with the approval of the Central Government" omitted by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989.

6. Substituted by the Employees' Provident Funds (Second Amendment) Scheme, 1991, w.e.f. 1-9-1991. Earlier it was substituted by the Employees' Provident Funds (Amendment) Scheme. 1989, w.e.f. 1-7-1989.

7. Inserted by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989.

8.Inserted, ibid.

23 . 9INFORMATION OF APPOINTMENTS TO THE CENTRAL BOARD.-

References relating to all appointments of officers of the 10level of the Regional Provident Fund Commissioners and above made by the Chairman, Central Board shag be placed before the next meeting of the Central Board for information.


24 . 11ADMINISTRATIVE AND FINANCIAL POWERS OF A COMMISSIONER.-

(1) A Commissioner may, without reference to the 12Central Board sanction expenditure on contingencies, supplies and purchase of articles required for administering the Fund subject to financial provision in the budget and subject to the limits up to which a Commissioner may be authorised to sanction expenditure on any single item from time to time by the Central Board 13.

(2) A Commissioner may also exercise such administrative and financial powers other than those specified in sub-paragraph (1) above, as may be delegated to him from time to time by the Central Board 13.

(3) A Commissioner may delegate from time to time the administrative and financial powers delegated to him by the Central Board to any officer under his control or superintendence to the extent considered suitable by him for the administration of the Scheme. A statement of such delegation shall be placed before the next meeting of the Central Board for information.

24A . 14DELEGATION OF POWER BY THE CENTRAL BOARD.-

15(1) The Central Board 16 may, by a resolution, empower its Chairman to sanction expenditure on any item, whether in the nature of capital expenditure or revenue expenditure, as it may deem necessary for the efficient administration of the Fund, subject to financial provisions in the Budget, where such expenditure is beyond the limits up to, which he Commissioner is authorised to sanction expenditure on any single item.

(2) The Central Board may also, by a resolution, empower its Chairman to appoint such officers and employees other than those mentioned in sub-sections (1) and (2) of section 5D of the Act, as he may consider necessary for the efficient administration of the Scheme.

Footnotes9. Substituted by the Employees' 'Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

10. Substituted for 'Fund made by the Central Government" by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989.

11. Substituted by GSR 147, dated 29-1-1960.

12. Substituted for 'Board" by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

13. The words ',with the approval of the Central Government' omitted by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989.

14. Substituted by the Employees' Provident Funds (Twenty-first Amendment) Scheme 1963, w.e.f. 30-11-1963. Earlier existing paragraph 24A was inserted by the Employees' Provident Funds (Ninth Amendment) Scheme, 1963.

15. Substituted by the Employees' Provident Funds (Amendment) Scheme, 1988, w.e.f. 21-5-1988.

16. The words "with the prior approval of the Central Government" omitted by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989.

(3) All sanctions of expenditure made by the Chairman in pursuance of sub-paragraph (1) shall be reported to the Central Board as soon as possible after the sanction of the expenditure.

Powers of the Central Government until the Central Board Is constituted.25. Until the Central Board is constituted, the Central Government shall administer the Fund and may exercise any of the powers and discharge any of the functions of the Board:

Provided that on the constitution of the Central Board, the Central Government shall transfer amounts standing to the credit of the Fund to the Central Board.CHAPTER IV - 17MEMBERSHIP OF THE FUND18Classes of employees entitled and required to join the fund.

26. (1) (a) Every employee employed in or in connection with the work of a factory or other establishment to which this Scheme applies, other than an excluded employee, shall be entitled and required to become a member of the Fund from the day this paragraph comes into force in such factory or other establishment.

(b) Every employee employed in or in connection with the work of a factory or other establishment to which this scheme applies, other than an excluded employee, shall also be entitled and required to become a member of the fund from the day this paragraph comes. into force in such factory or other establishment if on the date of such coming into force, such employee is a subscriber to a provident fund maintained in respect of the factory or other establishment, or in respect of any other factory or establishment (to which the Act applies) under the same employer:

Provided that where the Scheme applies to a factory or other establishment on the expiry or cancellation of an order of exemption under section 17 of the Act, every employee who but for the exemption would have become and continued as a member of the fund, shall become a member of the fund forthwith.(2) After this paragraph comes into force in a factory or other establishment, every employee employed in or in connection with the work or that factory or establishment, other than an excluded employee, who has not become a member already shall also be entitled and required to become a member of the fund from the date of joining the factory or establishment.

(3) An excluded employee employed in or in connection with the work of a factory or other establishment to which this Scheme applies shall, on ceasing to be such an employee, be entitled and required to become a member of the fund from the date he ceased to be such employee.

(4) On re-election of an employee or a class of employees exempted under paragraph 27 or paragraph 27A to join the fund or on the expiry or cancellation of an order under that paragraph, every employee shall forthwith become, a member thereof

Footnotes17.Substituted by GSR 584, dated 11-5-1959.

18. Substituted by the Employees' Provident Funds (Third Amendment) Scheme, 1990, w.e.f. 1-11-1990. Earlier existing paragraph 26 was amended by the Employees' Provident Funds (Amendment) Scheme. 1988, w.e.f. 21-5-1988.

(5) Every employee who is a member of a private provident fund maintained in respect of an exempted factory or other establishment and who but for exemption would have become and continued as a member of the fund shall, on joining a factory or other establishment to which this Scheme applies, become a member of the fund forthwith.

(6) Notwithstanding anything contained in this paragraph, an officer not below the rank of an Assistant Provident Fund Commissioner may, on the joint request in writing of any employee of a factory or other establishment to which this Scheme applies and his employer, enrol such employee as a member or allow him to contribute more than rupees 18afive thousand of his pay per month if he is already a member of the fund and thereupon such employee shall be entitled to the benefits and shall be subject to the conditions of the fund, provided that the employer gives an undertaking in writing that he shall pay the administrative charges payable and shall comply with all statutory provisions in respect of such employee.

19Retention of membership.

26A. (1) A member of the Fund shall continue to be member until he withdraws under paragraph 69 the amount standing to his credit in the Fund or is covered by a notification of exemption under section 17 of the Act or an order of exemption under paragraph 27 or paragraph 27A.

Explanation: In the case of claim for refund by a member under sub-paragraph (2) of paragraph 69, the membership of the Fund shall be deemed to have been terminated from the date the payment is authorised to him by the authority specified in this behalf by Commissioner irrespective of the date of claim.(2) Every member employed as an employee other than an excluded employee, in a factory or other establishment of which this Scheme applies shag contribute to the Fund, and the contribution shall be payable to the Fund in respect of him by the employer. Such contribution shall be in accordance with the rate specified in paragraph 29:

Provided that subject to the provisions contained in sub-paragraph (6) of paragraph 26 and in sub-paragraph (1) of paragraph 27, or sub-paragraph (1) of paragraph 27A,where the monthly pay of such a member exceeds 20five thousand rupees the contribution payable by him, and in respect of him by the employer, shall be limited to the amounts payable on a monthly pay of 20five thousand rupees including 21dearness allowance, retaining allowance (if any) and cash value of food concession.22Resolution of doubts.

26B. If any question arises whether an employee is entitled or required to become or continue as a member, or as regards the date from which he is so entitled or

Footnotes18a. Substituted for "three thousand five hundred" by the Employees' Provident Funds (Second Amendment) Scheme, 1994, w.e.f. 1-10-1994.

19.Inserted by GSR 584, dated 11-5-1959.

20.Substituted for 1hree thousand and five hundred rupees" by the Employees' Provident Funds (Second Amendment) Scheme, 1994, w.e.f. 1-10-1994. Earlier these words were substituted for 1wo thousand and five hundred rupees" by the Employees' Provident Funds (Third Amendment) Scheme, 1990, w.e.f. 1-11-1990.

21. Substituted for "dearness allowance and cash value of food concession" by the Employees' Provident Funds (Amendment) Scheme, 1961, w.e.f. 31-12-1960.

22. Inserted by GSR 584, dated 11-5-1959.

required to become a member, the decision, thereon of the Regional Commissioner 23 shall be final:Provided that no decision shall be given unless both the employer and the employee have been heard.24Exemption of an employee.

27. (1) A Commissioner may by order and subject to such conditions as may be specified in the order exempt from the operation of all or any of the provisions of this Scheme an employee to whom the Scheme applies on receipt of application in Form 1 from such an employee:

Provided that such an employee is entitled to benefits in the nature of Provident Fund, gratuity or old age pension according to the rules of the factory or other establishment and such benefits separately or jointly are on the whole not less favourable than the benefits provided under the Act and the Scheme.(2) Where an employee is exempted as aforesaid, the employer shall in respect of such employee maintain such account, submit such returns, provide such facilities for inspection, pay such inspection charges and invest provident fund collections in such manner as the Central Government may direct.

(3) An employee exempted under sub-paragraph (1) may by an application to the Commissioner make a declaration that he shall become a member of the Fund.

(4) No employee shad be granted exemption or permitted to apply out of exemption more than once on each account.

25Exemption of a class of employees.

27A. (1) 26The appropriate Government may by order-and subject to such conditions as may be specified in the order exempt from the operation of all or any of the provisions of this Scheme any class of employees to whom the Scheme applies:

Provided that such class of employees is entitled to benefits in the nature of provident fund, gratuity or old age pension according to the rules of the 27factory or other establishment and such benefits separately or jointly or on the whole not less favourable than the benefit provided under the Act and this Scheme.(2) Where any class of employees is exempted as aforesaid, the employer shall in respect of such class of employees maintain such account, submit such returns, provide such facilities for inspection, pay such inspection charges and invest provident fund collections in such manner as the Central Government may direct.

Footnotes23. The words "or, where a State Commissioner is appointed, that of the State Commissioner" omitted by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

24. Substituted by the Employees' Provident Funds (Twelfth Amendment) Scheme, 1963. Earlier existing paragraph 27 was amended by SRO 1363, dated 26-4-1957.

25. Inserted by SRO 2035, dated 28-10-1953.

26. Substituted for"A Commissioner" by the Employees' Provident Funds (Eighth Amendment) Scheme, 1961.

27. Substituted for "factory" by SRO 1363, dated 26-4-1957.

(3)A class of employees exempted under sub-paragraph(1) or the majority of employees constituting such class may by an application to the Commissioner make a declaration that the class desires to join the Fund and thereupon such class of employees shall become members of the Fund.

(4) No class of employees shall be granted exemption or permitted to apply out of exemption more than once on each account.

(5) The provisions of this paragraph shall be deemed to have come into force with effect from the 14th of October, 1953.

28 . TRANSFER OF ACCUMULATIONS FROM EXISTING PROVIDENT FUNDS.-

(1) Every authority in charge of, or entrusted with the management of, any Provident Fund in existence 28 the accumulations wherein are to be transferred to the Fund under sub-section (2) of section 15 of the Act, 29 or sub-section (5) of section 17 thereof, as the case may be shall 28 -

(i) send to the 30 Commissioner a statement showing the amount standing to the credit of each subscriber on the date of the transfer, the total accumulations to the credit of subscribers generally on that date and the advances, if any, taken by the subscribers 31within twenty-five days of the application of the Scheme, or cancellation of exemption, as the case may be,

(ii) transfer to the Fund in the manner specified in sub-paragraph (2) the total accumulations standing to the credit of the subscribers in relation to each 32factory or other establishment 33within ten days of the application of the Scheme, or cancellation of the exemption, as the case may be, in case of liquid cash in bank and within thirty days in case of securities, and

(iii) transfer to the 34Central Board all pass books, books of account and other documents relating to the said accumulations.

(2) All accumulations standing to the credit of the subscribers, howsoever invested, shall be transferred to the Fund by the authority aforesaid in cash:

35Provided that where the whole or any part of such accumulations consists of investments in Government securities, 36or in securities guaranteed by appropriate Government as regards repayment of principal and payment of interest or in both, the authority making the transfer to the Fund shall transfer those securities at the price for which they were actually purchased or transfer a sum equivalent to such price. In case, however, the whole or any part of such accumulations is invested in National Savings Certificates or National Plan Savings Certificates, the appreciated value of such certificates at the time of the transfer will be taken into account in determining the amount of the accumulations to be transferred, provided that the difference between the face value of such certificate and their appreciated value at the time of the transfer has already been credited to the accounts of the subscribers:

Footnotes28. The words 'on the 15th day of November, 1951, and before the first day of January, 1953 or such later date as the Central Board may fix in this behalf" respectively omitted by the Employees' Provident Funds (Fifth Amendment) Scheme, 1985, w.e.f. 21-9-1985.

29. Inserted, ibid.

30. The word "appropriate" omitted by the Employees Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

31. Inserted by the Employees' Provident Funds (Fifth Amendment) Scheme, 1985, w.e.f. 21-9-1985.

32. Substituted for "factory" by SRO 1363, dated 26-4-1957.

33. Inserted by the Employees' Provident Funds (Fifth Amendment) Scheme, 1985, w.e.f. 21-9-1985.

34. Substituted for "Board" by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

35. Substituted by GSR 970, dated 11-10-1958.

36. Inserted by the Employees' Provident Funds (First Amendment) Scheme, 1971.

37Provided further that where the whole or any part of such accumulations consists of investments in 38securities bearing no guarantee of an appropriate Government as regards repayment of principal and payment of interest, the Central Government may, in exceptional cases, allow acceptance of the transfer of such securities from the authority making the transfer to the Fund at the price for which they were actually purchased.

Explanation : The total amount of provident fund accumulations includes interest thereon and the authority in charge of the Fund shall transfer in cash any balance of interest on investments which happens to be undistributed on the date of the transfer, or realised or realisable for the period prior to the registration of the securities in the name of the Central Board of Trustees, Employees' Provident Fund.(3) Any cash transferred under sub-paragraph (2) shall be deposited in any office or branch of the Reserve Bank of India or the State Bank of India to the credit of the 39Central Board and the receipt obtained in respect thereof shall be forwarded to the 40 Commissioner:

Provided that where there is no office or branch of either of the two Banks at the place where the 41factory or other establishment is situated the amount shall be credited to the 'Central Board by means of a Reserve Bank of India 43Governmental Draft at par.(4) The accumulations transferred to the Fund in accordance with this paragraph shall be credited to the account of each of the members of the Fund, to the extent to which he may be entitled thereto having regard to the statement furnished by the authority aforesaid.

(5) When the accumulations in any such Provident Fund as is referred to in subparagraph (1) have been so transferred to the Fund, the 44 Commissioner may, by notification in the Gazette of India, declare that the subscribers of such Provident Fund have now become members of the Fund and that the accumulations aforesaid have now become vested in the 42Central Board.

Footnotes37. Inserted by the Employees' Provident Funds (First Amendment) Scheme, 1963.

38. Substituted for 'non-Government Securities" by the Employees' Provident Funds (First Amendment) Scheme, 1971.

39. Substituted for "Board" by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

40. The word "appropriate" omitted, ibid.

41.Substituted for "factory" by SRO 1363, dated 26-4-1957.

42.Substituted for "Board" by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

43.Substituted for "Remittance Transfer Receipt" by SRO 270, dated 28-1-1953.

44.The word "appropriate" omitted by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.


 
CHAPTER V
CONTRIBUTIONS

29 . 45CONTRIBUTION.-

(1) The contributions payable by the employer under the Scheme shall beat the rate of 468-1/3 percent of the 47basic wages, dearness allowance (including the cash value of any food concession) and retaining allowance (if any) payable to each employee to whom the Scheme applies:

48Provided that the above rate of contribution shall be 49ten per cent in respect of any establishment or class of establishments which the Central Government may specify in the Official Gazette from time to time under the first proviso to sub-section (1) of section 6 of the Act.

(2) The contribution payable by the employee under the Scheme shall be equal to the contribution payable by the employer in respect of such employee:

50Provided that in respect of any employee to whom the Scheme applies, the contribution payable by him may, if he so desires, be an amount exceeding eight and one-third per cent or ten per cent, as the case may be, of his basic wages, dearness allowance and retaining allowance (if any) subject to the condition that the employer shall not be under an obligation to pay any contribution over and above his contribution payable under the Act.

(3) The contributions shall be calculated on the basis of 51basic wages, dearness allowance (including the cash value of any food concession) and retaining allowance (if any) actually drawn during the whole month whether paid on daily, weekly, fortnightly or monthly basis.

52(4) Each contribution shall be calculated to 53the nearest rupee, 50 paise or more to be counted as the next higher rupee and fraction of a rupee less than 50 paise to be ignored.

Footnotes45. Substituted by SRO 2387, dated 13-7-1957.

46. Substituted for "6-1/4 per cent" by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989.

47. Substituted for "basic wages and dearness allowance (including the cash value of any food concession)" by the Employees' Provident Funds (Amendment) Scheme, 196 1, w.e.f. 31-121960.

48. Inserted by the Employees' Provident Funds (Fifteenth Amendment) Scheme, 1962.

49. Substituted for "eight" by the Employees' Provident Funds (Amendment) Scheme, 1989, w.e.f. 1-7-1989.

50. Substituted, ibid Earlier existing proviso was amended by the Employees' Provident Funds (Amendment) Scheme, 1988, w.e.f. 21-5-1988.

51. Substituted for "basic wages, and dearness allowance (including the cash value of any food concession)" by the Employees' Provident Funds (Amendment) Scheme, 1961,w.e.f. 31-121960.

52. Inserted by SRO 3375, dated 10-10-1957.

53. Substituted for 'the nearest quarter of a rupee, 12.5 paise or more to be counted as the next higher quarter of rupee' by the Employees' Provident Funds (Third Amendment) Scheme 1983, w.e.f. 1-4-1983.

30 . 54PAYMENT OF CONTRIBUTIONS.-

(1) The employer shall, in the first instance, pay both the contribution payable by himself (in this Scheme referred to as the employer's contribution) and also, on behalf of the member employed by him directly or by or through a contractor, the contribution payable by such member (in this Scheme referred to as the member's contribution).

(2) In respect of employees employed by or through a contractor, the contractor shall recover the contribution payable by such employee (in this Scheme referred to as the member's contribution) and shall pay to the principal employer the amount of member's contribution so deducted together with an equal amount of contribution (in this Scheme referred to as the employer's contribution) and also administrative charges 55 .

(3) It shall be the responsibility of the principal employer to pay both the contribution payable by himself in respect of the employees directly employed by him and also in respect of the employees employed by or through a contractor and also administrative charges 56 .

57Explanation : For the purposes of this paragraph the expression "administrative charges" means such percentage of the pay (basic wages, dearness allowance, retaining allowance, if any, and cash value of food concessions admissible thereon) for the time being payable to the employees other than an excluded employee, as the Central Government may, in consultation with the Central Board and having regard to the resources of the Fund for meeting its normal administrative expenses, fix.

31 . EMPLOYER'S SHARE NOT TO BE DEDUCTED FROM THE MEMBERS.-

Notwithstanding any contract to the contrary the employer shall not be entitled to deduct the employer's contribution from the wage of a member or otherwise to recover it from him.


32 . RECOVERY OF A MEMBER'S SHARE OF CONTRIBUTION.-

(1) The amount of a member's contribution paid by the employer 58ora contractor shall, notwithstanding the provisions in this scheme or any law for the time beingin force or any contract to the contrary, be recoverable by means of deduction from the wages of the member and not otherwise:

Provided further that the employer 58or a contractor shall be entitled to recover the employee's share from a wage other than that which is paid in respect of the period for which the contribution has been paid or is payable where the employee has in writing given a false declaration at the time of joining service with the said employer 58or a contractor that he was not already a member of the Fund:

Footnotes54. Substituted by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

55. The words "on the total amount of such contributions" omitted by the Employees' Provident Funds (Sixteenth Amendment) Scheme, 1964, w.e.f. 1-10-1964.

56.The words 'at such percentage of the total employer's and employees' contributions as may be fixed by the Central Government from time to time" omitted, ibid.

57.Inserted, ibid.

58. Inserted by the Employees' Provident Funds (twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

Provided further that where no such deduction has been made on account of an accidental mistake or a clerical error, such deduction may, with the consent in writing of the Inspector, be made from the 59subsequent wages.(2) Deduction made from the wages of a member paid on daily, weekly or fortnightly basis should be totalled up to indicate the monthly deductions.

(3) Any sum deducted by an employer 60or the contractor from the wages of an employee under this Scheme shall be deemed to have been entrusted to him for the purpose of paying the contribution in respect of which it was deducted.

61Recovery of damages for default in payment of any contribution.

32A. (1) Where an employer makes default in the payment of any contribution to the fund, or in the transfer of accumulations required to be transferred by him under sub-section (2) of section 15 or sub-section (5) of section 17 of the Act or in the payment of any charges payable under any other provisions of the Act or Scheme or under any of the conditions specified under section 17 of the Act, the Central Provident Fund Commissioner or such officer as may be authorised by the Central Government, by notification in the Official Gazette in this behalf, may recover from the employer by way of penalty, damages at the rates given below:-

Period of defaultRate of damages (96 of arrears per annum)(a) Less than two months

17

(b) Two months and above but less than four months

22

(c) Four months and above but less than six months

27

(d) Six months and above

37

(2) The damages shall be calculated to the nearest rupee, 50 paise or more to be counted as the nearest higher rupee and fraction of a rupee less than 50 paise to be ignored.

32B . TERMS AND CONDITIONS FOR REDUCTION OR WAIVER OF DAMAGES.-

The Central Board may reduce or waive the damages levied under section 14B of the Act in relation to an establishment specified in the second proviso to section 14B, subject to the following terms and conditions, namely:-(a) in case of a change of management including transfer of the undertaking to workers'co-operative and in case of merger or amalgamation of the sick industrial company with any other industrial company, complete waiver of damages may be allowed;

(b) in cases where the Board for Industrial and Financial Reconstruction, for reasons to be recorded in its schemes, in this behalf recommends, waiver of damages up to 100 percent maybe allowed.

(c) in other cases, depending on merits, reduction of damages up to 50 per cent may be allowed.

Footnotes59. Substituted for "previous" by SRO 500, dated 2-3-1953.

60. Inserted by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

61. Inserted by the Employees' Provident Funds (Second Amendment) Scheme, 1991, w.e.f. 1-9-1991.

 
CHAPTER VI
DECLARATION, CONTRIBUTION CARDS AND RETURNS

33 . DECLARATION BY PERSONS ALREADY EMPLOYED AT THE TIME OF INSTITUTION OF THE FUND.-

Every person who is required or entitled to become a member of the Fund shall be asked forthwith by his employer to furnish and shall, on such demand, furnish to him, for communication to the Commissioner, particulars concerning himself and his nominee required for the declaration form in Form 2. Such employer shall enter the particulars in the declaration form and obtain the signature or thumb impression of the person concerned.Declaration by persons taking up employment after the Fund has been established.34. The employer in relation to a 62factory or other establishment shall, before taking any person into employment, ask him to state in writing whether or not he is a member of the Fund and if he is, ask for the Account Number and/or the name and particulars of the last employer. If he is unable to furnish the Account Number, he shall, require such person to furnish and such person shall, on demand, furnish to him for communication to the Commissioner, particulars regarding himself and his nominee required for the Declaration Form. Such employer shall enter the particulars in the Declaration Form and obtain the signature or thumb impression of the person concerned:

63Provided that in the case of any such employee who has become a member of the Family Pension Fund under the Employees' Family Pension Scheme, 1971,the aforesaid Declaration Form shall also contain such particulars as are necessary to comply with the requirements of that Scheme.

35 . PREPARATION OF CONTRIBUTION CARDS.-

The employer shall prepare a contribution card 64in Form 3 65or Form 3A as may be appropriate, in respect of every employee in his employment at the commencementof the Scheme or who is taken into employment after that date and who is required or entitled to become or is a member of the Fund including those who produce an Account Number and in respect of whom no fresh Declaration Form is prepared.66Provided that in the case of any such employee who has become a member of the Family Pension Fund under the Employees' Family Pension Scheme 1971, the aforesaid Forms shall also contain such particulars as are necessary to comply with the requirements of that Scheme.

Duties of employers. 36. (1) Every employer shall send to the Commissioner, within fifteen days of the commencement of this Scheme, a consolidated return in such form as the Commissioner may Specify, 67 of the employees required or entitled to become members

Footnotes62. Substituted for "factory" by SRO 1363, dated 26-4-1957.

63. Inserted by the Employees' Provident Funds (Third Amendment) Scheme, 1972, w.e.f. 13-2-1971.

64. Substituted for "in Form 3 or 4" by the Employees' Provident Funds (Seventh Amendment) Scheme, 1962.

65. Inserted by the Employees' Provident Funds (Fifth Amendment) Scheme, 1968.

66. Inserted by the Employees' Provident Funds (Third Amendment) Scheme, 1972, w.e.f, 13-2-1971.

of the Fund showing the 68basic wage, retaining allowance (if any) and dearness allowance including the cash value of any food concession paid to each of such employees:69Provided that if there is no employee who is required or entitled to become a member of the Fund, the employer shall send a 'NIL' return.

(2) Every employer shall send to the Commissioner within fifteen days of the close of each month a return-

(a)67 in Form 5, of the employees qualifying to become members of the Fund for the first time during the preceding month together with the declarations in Form 2 furnished by such qualifying employees 70 , and

(b)67 70ain such form as the Commissioner may specify, of the employees leaving service of the employer during the preceding month:

71Provided that if there is no employee qualifying to become a member of the Fund for the first time or there is no employee leaving service of the employer during the preceding month, the employer shall send a 'NIL' return.

(3 ) 72

73(4) Every employer shall maintain an inspection note book in such form as the Commissioner may specify, for an Inspector to record his observation on his visit to the establishment.

74(5) Every employer shall maintain such accounts in relation to the amounts contributed to the Fund by him and by his employees as the 75Central Board may, from time to time, direct, and it shall be the duty of every employer to assist the 75Central Board in making such payments from the Fund to his employees as are sanctioned by or under the authority of the 75Central Board.

74(6) Notwithstanding anything hereinbefore contained in this paragraph, the 75Central Board may issue such directions to employer generally as it may consider necessary or proper for the purpose of implementing the Scheme, and it shall be the duty of every employer to carry out such directions.

Footnotes67. The words "in duplicate," omitted by the Employees' Provident Funds (Seventh Amendment) Scheme, 1962.

68.Substituted for "basic wage and dearness allowance including the cash value of any food concession' by the Employees' Provident Funds (Amendment) Scheme, 1961, w.e.f. 31-121960.

69.Inserted by the Employees' Provident Funds (Eighth Amendment) Scheme, 1966.

70.The words "and with a statement showing the basic wages and dearness allowance including the cash value of any food concession of each such employees" omitted by the Employees' Provident Funds (Seventh Amendment) Scheme, 1962.

70a.Substituted for "in copy of the Wages Payment Register" by the Employees' Provident Fund (Second Amendment) Scheme, 1996, w.e.f. 11-1-1997. Earlier, these words were Substituted by the Employees Provident Funds (Amendment) Scheme, 1994, w.e.f. 1-3-1994.

71.Inserted by the Employees' Provident Funds (Eighth Amendment) Scheme, 1966.

72.Omitted by the Employees' Provident Funds (Seventh Amendment) Scheme, 1962.

73. Inserted by the Employees' Provident Funds (Fourteenth Amendment) Scheme, 1964. 74. Sub-paras (4) and (5) renumbered as sub-paras (5) & (6), ibid.

75.Substituted for "Board" by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.


36A . 76EMPLOYER TO FURNISH PARTICULARS OF OWNERSHIP.-

Every employer in relation to a factory or other establishment to which the Act applies on the date of coming into force of the Employees' Provident Funds (Tenth Amendment) Scheme, 1961, or is applied after that date, shall furnish 77in duplicate to the 78Regional Commissioner in Form No. 5A annexed hereto, 79particularsof all the branches and departments, owners, occupiers, directors, partners, manager or any other person or persons who have the ultimate control over the affairs of such factory or establishment and also send intimation of any change in such particulars, within fifteen days of such change, to the 78Regional Commissioner by registered post and in such other manner as may be specified by the 78Regional Commissioner:80Provided that in the case of any employer of a factory or other establishment to which the Act and the Family Pension Scheme, 1971, shall apply the aforesaid Form may be deemed to satisfy the requirements of the Employees' Family Pension Scheme, 1971, for the purpose specified above

36B . 81DUTIES OF CONTRACTORS.-

Every contractor shall, within seven days of the close of every month, submit to the principal employer a statement showing the recoveries of contributions in respect of employees employed by or through him and shall also furnish to him such information as the principal employer is required to furnish under the provisions of the Scheme to the Commissioner.


37 . ALLOTMENT OF ACCOUNT NUMBERS.-

On receipt of the information referred to in paragraphs 33, 34 and 36, the Commissioner shall promptly allot an Account Number to each employee qualifyingto become a member and shall communicate the Account Number to the member through the employer.


38 . MODE OF PAYMENT OF CONTRIBUTIONS.-

(1) The employer shall, before paying the member his wages in respect of any period or part of period for which contributions are payable, deduct the employee's contribution from his wages which together with his own contribution as well as an administrative charge of such percentage 82of the pay (basic wages, dearness allowance, retaining allowance, if any, and cash value of food concessions admissible thereon) for the time being payable to the employees other than an excluded employee, as the Central Government may fix. He shall within fifteen days of the close of every month pay the same to the fund by separate bank drafts or cheques on account of contributions and administrative charge:

Footnotes76. Inserted by the Employees' Provident Funds (Tenth Amendment) Scheme, 1961.

77. Inserted by the Employees' Provident Funds (Seventeenth Amendment) Scheme, 1966.

78. Substituted for"Regional/State" by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

79. Substituted for "particulars of owners" by the Employees' Provident Funds (Thirteenth Amendment) Scheme, 1965.

80. Inserted by the Employees' Provident Funds (Third Amendment) Scheme, 1972, w.e.f. 13-2-1971.

81. Inserted by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

82. Substituted for "of the total employer's and employees'contributions as may be fixed by the Central Government, he shall within fifteen days of the close of every month pay to the Fund by separate bank drafts or cheques on account of contributions and administrative charge' by the Employees' Provident Funds (Sixteenth Amendment) Scheme, 1964, w.e.f. 1-10-1964.

83Provided that if the payment is made by a cheque, it should be drawn only on the local bank of the place in which deposits are made:

Provided further that where there is no branch of the Reserve Bank or the State Bank of India at the station where the 84factory or other establishment is situated, the employer shall pay to the Fund the amount mentioned above by means of Reserve Bank of India 85Governmental Drafts at par separately on account of contributions and administrative charge.86-88(2) The employer shall forward to the Commissioner within twenty-five days of the close of the month, a monthly abstract in such form as the Commissioner may specify showing the aggregate amount of recoveries made from the wages of all the members and the aggregate amount contributed by the employer in respect of all such members for the month :

Provided that an employer shall send a Nil return, if no such recoveries have been made from the employees:Provided further that in the case of any such employee who has become a member of the pension fund under the Employees'Pension Scheme, 1995, the aforesaid form shall also contain such particulars as are necessary to comply with the requirements of that Scheme.89(3) The employer shall send to the Commissioner within one month of the close of the period of currency, a consolidated annual contribution statement in Form 6-A, showing the total amount of recoveries made during the period of currency from the wages of each member and the total amount contributed by the employer in respect of each such member for the said period. The employer shall maintain on his record duplicate copies of the aforesaid monthly abstract and consolidated annual contribution statement for production at the time of inspection by the Inspector.

Footnotes83. Substituted by the Employees' Provident Funds (Fourth Amendment) Scheme, 1983, w.e.f. 24-9-1983. Earlier existing proviso was amended by the Employees' Provident Funds (Fourteenth Amendment) Scheme, 1966.

84. Substituted for "factory" by SRO 1363, dated 26-4-1957.

85. Substituted for "Remittance Transfer Receipts" by SRO 270, dated 28-1-1953.

86-88. Substituted by the Employees' Provident Funds (Second Amendment) Scheme, 1996, w.e.f. 11-1-1997. Earlier, sub-paragraph (2) was amended by the Employees' Provident Funds (Sixth Amendment) Scheme, 1966, Employees' Provident Funds (Eighth Amendment) Scheme, 1966, Employees' Provident Funds (Third Amendment) Scheme, 1972, w.e.f. 13-2-1971 and Employees' Provident Funds (Amendment) Scheme, 1994, w.e.f. 1-3-1994.

89. Substituted by the Employees' Provident Funds (Second Amendment) Scheme, 1996, w.e.f. 11-1-1997. Earlier, these words were inserted by the Employees' Provident Funds (Fifth Amendment) Scheme, 1968.

39 . FIXATION OF ADMINISTRATIVE CHARGES.-

The Central Government may, in consultation with the Central Board and having regard to the resources of the Fund available for meeting its normal administrative expenses, fix the percentage of administrative charges particular under sub-paragraph (1) of paragraph 38 above.

40 . CONTRIBUTIONS TO BE ENTERED IN THE CONTRIBUTION CARD.-

The amount recovered every month from the wages of an employee as well as the contribution made by the employer in respect of each such employee shall be entered by the employer every month in the contribution card opened in the name of each member under this Scheme.


40A . 90SUPPLY OF PASS BOOKS TO THE MEMBERS.-

With effect from such date as the Commissioner may specify in this behalf, every employer shall, on an employee becoming a member of fund,provide a pass book to every such member and maintain the same in such form and manner as the Commissioner may direct from time to time:Provided that different dates may be specified for different industries or classes of establishments or for different areas.

41 . CURRENCY OF CONTRIBUTION CARDS.-

The contribution cards issued under this Scheme shall be current for one year:Provided that the said period of one year may commence and terminate at such different times in different 91factories and other establishments as may be decided by the Commissioner from time to time:92Provided further that the cards issued,-

(i) in respect of the first contribution period, or

(ii) in respect of the contribution period immediately preceding the date from which the establishment is notified as an annually posted establishment may be for a period which may be less or more than a year.

42 . RENEWAL OF CONTRIBUTION CARDS.-

An employer shall, on or before the expiration of the period of currency of thecontribution card, prepare in respect of each member employee by him a card 93in Form 3 94or Form 3A as may be appropriate, for the next period of currency:95Provided that in the case of any such employee who has become a member of the Family Pension Fund under the Employees' Family Pension Scheme 1971, the aforesaid Form shall also contain such particulars as are necessary to comply requirements of that Scheme.

Footnotes90.Inserted by the Employees' Provident Funds (Second Amendment) Scheme 1992, w.e.f. 25-7-1992.

91. Substituted for "factories" by SRO 1363, dated 26-4-1957.

92. Substituted by the Employees' Provident Funds (Fifth Amendment) Scheme 1968.

93.Substituted for "in Form 3 or 4" by the Employees' Provident Funds (Seventh Amendment) Scheme, 1962.

94. Inserted by the Employees' Provident Funds (Fifth Amendment) Scheme 1968.

95. Inserted by the Employees' Provident Funds (Third Amendment) Scheme, 1972 w.e.f. 13-2-1971.

43 . SUBMISSION OF CONTRIBUTION CARDS TO THE COMMISSIONER.-
Every employer shall within one month from the date of expiration of the period of currency of the contribution cards in respect of members employed by him, send the contribution cards to the Commissioner together with a statement in Form 6:96Provided that where a member leaves service, the employer shall send the contribution card in respect of such members before the twentieth day of the month following that in which the members left the service:

96aProvided further that in the case of any such employee who has become a member of the Family Pension Fund tinder the Employees' Family Pension Scheme, 1971, the aforesaid Form shall also contain such particulars as are necessary to comply with the requirements of that Scheme.

44 . CUSTODY OF CONTRIBUTION CARDS.-

The employer shall retain in his custody the contribution cards in respect of each member employed by him and shall take every precaution against loss or damage of the contribution cards.

45. Inspection of cards by members.

Any member making a request in this behalf to the employer shall be permitted to inspect his cards himself or to have the same inspected by any person duly authorised by him in writing to do so, within 72 hours of making such request provided that no such request shall be entertained more than once in every two calendar months.

46 . PRODUCTION OF CARDS AND RECORDS FOR INSPECTION BY THE COMMISSIONER OR INSPECTOR.-

Every employer shall, whenever the Commissioner or any other officer authorised by him in this behalf or an Inspector so requests, either in person or by notice in writing, produce before the Commissioner, Officer, or Inspector, as the case may be, the records of any member employed by him and any card then in his possession, and if so required, by the said Commissioner, Officer or Inspector shall deliver such record to the said Commissioner, Officer or Inspector, who may, if he thinks fit, retain the record provided that he shall grant a receipt for every record retained by him.

47 . SUPPLY OF CARDS AND FORMS TO EMPLOYERS.-

The Commissioner shall supply to employers, free of charge on demand contribution cards, 97pass books, declaration forms and other forms referred to in this Scheme:Provided that if any employer desires to obtain any cards, 97pass books, or forms in excess of the number which the Commissioner considers to be the requirements of the employer, the Commissioner may, if he thinks fit, supply such extra cards, 97pass books, or forms and make such charge therefor as he considers reasonable.

Footnotes96. Inserted by the Employees' Provident Funds (Second Amendment) Scheme, 1966.

96a. Inserted by the Employees' Provident Funds (Third Amendment) Scheme, 1972, w.e.f. 13-2-1971.

97. Inserted by the Employees' Provident Funds (Second Amendment) Scheme, 1992, w.e.f. 25-7-1992

48 . CURRENT ACCOUNT.-

The Commissioner shall deposit the Bank drafts or cheques received from the employers in the Reserve Bank or the State Bank of India in the Current Account of the Fund.CHAPTER VIIADMINISTRATION OF THE FUND, ACCOUNTS AND AUDIT

49 . ADMINISTRATION ACCOUNTS.-

98 A separate account shall be kept called the "Central Administration Account" for recording all administrative expenses of the Fund including such administrative charges as the Fund may be authorised to levy.

(2) 99

50 . PROVIDENT FUND ACCOUNT.-

The aggregate amount received as the employer's and the employees' contributions to the Fund shall be credited to an account to be called the "Provident Fund Account".

51 . INTEREST SUSPENSE ACCOUNT.-

All interest, rent, and other income realised, and net profits or losses, if any, from the sale or investments not including therein the transactions of the Administration Account, shall be credited or debited, as the case may be, to an account called the 1nterest Suspense Account". Brokerage and commission on the purchase and sale of securities and other investments shall be included in the purchase or sale price, as the case may be, and not separately charged to the "interest Suspense Account".


52 . INVESTMENT OF MONEYS BELONGING TO EMPLOYEES' PROVIDENT FUND.-

(1) All moneys belonging to the Fund shall be deposited in the Reserve Bank or the State Bank of India or in such other Scheduled Banks as may be approved by the Central Government from time to time or shall be invested, subject to such directions as the Central Government may from time to time give, in the securities mentioned or referred to in clauses (a) to (a) of section 20 of the Indian Trusts Act, 1882 (2 of 1882), provided that such securities are payable both in respect of capital and in respect of interest in India.

(2) All expenses incurred in respect of, and loss, if any, arising from, any investment shall be charged to the Fund.

(3) 1

Footnotes98. Brackets and figure "(1)" omitted by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

99. Omitted, ibid.

1.Omitted by the Employees' Provident Funds (Second Amendment) Scheme, 1968. Earlier existing sub-para (3) was substituted by the Employees' Provident Fund (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

53 . DISPOSAL OF THE FUND.-

2(1) Subject to the provisions of the Act and of this Scheme, the Fund, not including therein the Administration Account, shall not, except with the previous sanction of the Central Government, be expended for any purpose other than the payment of the sums standing to the credit of individual members of the Fund or to their nominees or heirs or legal representatives in accordance with the provisions of this Scheme.

(2) The Fund shall be operated upon by such officers as may be authorised in this behalf by the 3Central Board.


54 . 4EXPENSES OF ADMINISTRATION.-

(1) AD expenses relating to the administration of the Fund including those incurred on Regional Committee shall be met from the Fund.

(2) AN expenses of administration of the Fund, including the fees and allowances, of the trustees of the Central Board and salaries, leave and joining time allowances, travelling and compensatory allowances, gratuities ' and compassionate allowances, pensions, contributions to provident fund and other benefit fund instituted for the officers and employees of the Central Board, the cost of audit of the accounts, legal expenses and cost of all stationery and forms incurred in respect of the Central Board, cost and all expenses incurred in connection with the construction of office buildings and staff quarters shall be met from the Administration Account of the'Fund.

(3) The expenses incurred by the Central Government in connection with the establishment of the Fund shall be treated as a loan and such loan shall be repaid from the Administration Account.

55 . 5FORM AND MANNER OF MAINTENANCE OF ACCOUNTS.-

The Central Board shall maintain proper accounts of its income and expenditure, including its administrative accounts, in Form 10, and the balance sheet in Form 11. The accounts shall be prepared for the financial year and the books shall be balanced on the thirty-first March each year.

56 . AUDIT.-

(1) The accounts of the Fund, including the Administration Account shall be audited in accordance with the instructions issued by the Central Government in consultation with the Comptroller and Auditor-General of India.

Footnotes2. Substituted by the Employees' Provident Funds (Thirteenth Amendment) Scheme, 1966.

3. Substituted for "Board concerned" by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

4. Substituted by the Employees' Provident Funds (Twenty-first Amendment) Scheme, 1963, w.e.f. 30-11-1963.

5. Substituted by the Employees' Provident Funds (Third Amendment) Scheme, 1992, w.e.f. 2-1-1993.

(2) The charges on account of audit shall be paid out of the Administration Account.

 

 

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