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Employees' Provident Funds  and Miscellaneous Provisions  Act, 1952
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Employees' Provident Funds and Miscellaneous Provisions Act, 1952

by P. L. Malik
Edition: 28th Edition, 2004.
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Product Details:

Pages: 294 pages
Date Added: 2001-01-01
Search Category: Lawbooks
Jurisdiction: Indian

Overview:

Incorporating the latest amendments as well as texts of the three Schemes issued since 1952, this is a thoroughly revised and updated edition of the above Act, giving comprehensive short notes and detailed footnotes wherever necessary. The three Schemes are: (1) Employees' Provident Funds Scheme, 1952, (2) Employees' Pension Scheme, 1971 and (3) Employees' Deposit-Linked Insurance Scheme, 1976.

The handbook has been brought up-to-date till 1989. Thus, it also includes the text of the Employees' Family Pension (Second Amendment) Scheme, 1989 and all crucial and noteworthy notifications that were issued under the provisions of the parent Act of 1952, as amended from time to time. There are three useful appendices which give: (1) A list of those Non-Factory Industries to which the Act of 1952 has been made applicable; (2) A list of those industries and classes of establishments in respect of which the statutory rate has been enhanced to 10 p.c.; (3) The texts of important notifications that have been issued from time to time under the provisions of the Act and the three schemes till the date of the issue of the present edition. The author has also included many tables and charts especially drawn for inclusion in the text of the book.

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  • Pioneer :

 

    With the rapid growth in the number of governmental departments and corporate bodies throughout India in recent years and steady increase in the introduction of liberalized Schemes of Provident Funds and Family Pensions in them, the present treatise is likely to prove of immense value to the large number of employees who are legally obligated to opt for the adoption of these schemes for the welfare of their families.
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Table Of Contents:

Employees' Provident Funds and Miscellaneous
Provisions Act, 1952 1-85
                   Short title, extent and application 3
                   Definitions 7
                   Establishment to include all departments and branches 12
                   Power to apply Act to an establishment which has a common
                   provident fund with another establishment 13
                   Power to add to Schedule I 13
                   Employees' Provident Fund Schemes 13
                   Central Board 14
                   Executive Committee 15
                   State Board 16
                   Board of Trustees to be body corporate 16
                   Appointment of officers 16
                   Acts and proceedings of the Central Board or its
                   Executive Committee or the State Board not to be
                   invalidated on certain grounds 17
                   Delegation 18
                   Contributions and matters which
                   may be provided for in Schemes 18
                   Employees' Pension Scheme 24
                   Employees' Deposit-linked Insurance Scheme 25
                   Laying of schemes before Parliament 26
                   Modification of Scheme 26
                   Determination of moneys due from employers 27
                   Review of orders passed under Section 7-A 28
                   Determination of escaped amount 29
                   Employees' Provident Funds Appellate Tribunal 29
                   Term of office 30
                   Resignation 30
                   Salary and allowances and other terms and conditions
                   of service of Presiding Officer 30
                   Staff of Tribunal 30
                   Appeals to Tribunal 31
                   Procedure of Tribunals 31
                   Right of appellant to take assistance of legal practitioner
                   and of Government, etc., to appoint presenting officers 31
                   Orders of Tribunal 31
                   Filling up of vacancies 31
                   Finality of orders constituting a Tribunal 32
                   Deposit of amount due, on filing appeal 32
                   Transfer of certain applications to Tribunals 32
                   Interest payable by the employer 32
                   Mode of recovery of moneys due from employers 32
                   Recovery of moneys by employers and contractors 33
                   Issue of certificate to the Recovery Officer 34
                   Recovery Officer to whom certificate is to be forwarded 34
                   Validity of certificate and amendment thereof 35
                   Stay of proceedings under certificate and
                   amendment or withdrawal thereof 35
                   Other modes of recovery 35
                   Application of certain provisions of Income Tax Act 37
                   Fund to be recognised under Act 11 of 1922 37
                   Protection against attachment 37
                   Priority of payment of contributions over other debts 38
                   Employer not to reduce wages, etc 39
                   Inspectors 39
                   Penalties 41
                   Offences by companies 43
                   Enhanced punishment in certain
                   cases after previous conviction 44
                   Certain offences to be cognizable 44
                   Cognizance and trial of offences 44
                   Power to recover damages 45
                   Power of Court to make orders 48
                   Special provisions relating to existing provident funds 49
                   Act not to apply to certain establishments 49
                   Authorising certain employers to
                   maintain provident fund accounts 54
                   Power to exempt 55
                   Transfer of accounts 70
                   Act to have effect notwithstanding anything
                   contained in Act 31 of 1956 71
                   Liability in case of transfer of establishment 71
                   Protection of action taken in good faith 71
                   Presiding Officer and other officers to be public servants 71
                   Delegation of powers 71
                   Power of Central Government to give directions 72
                   Power to make rules 72
                   Power to remove difficulties 72
                       SCHEDULE I 73
                       SCHEDULE II 77
                       SCHEDULE III 78
                       SCHEDULE IV 79
                       APPENDIX 80
Employees' Provident Funds Scheme, 1952 86-189
CHAPTER I : PRELIMINARY
                   Short title and application 89
                   Definitions 100
CHAPTER II : BOARD OF TRUSTEES, EXECUTIVE COMMITTEE AND REGIONAL COMMITTEES
                   Election of certain members of the Executive Committee 102
                   Regional Committee 102
                   Terms of office 103
                   Resignation 104
                   Cessation and restoration of trusteeship 104
                   Disqualifications for trusteeship or
                   membership of Regional Committee 104
                   Removal from trusteeship or membership of a Regional Committee 105
                   Absence from India 105
                   Meetings 105
                   Notice of meeting and list of business 106
                   Chairman to preside at meetings 106
                   Quorum 106
                   Nomination of a substitute during the absence of 
                   a Trustee/Member of the Central Board/Regional Committee 107
                   Disposal of business 107
                   Minutes of meetings 108
                   Acts of a Regional Committee not invalid by reason
                   merely of any vacancy in, or defect in the constitution, etc. 108
                   Fees and allowances 108
CHAPTER III : APPOINTMENT AND POWERS OF COMMISSIONER AND OTHER STAFF OF BOARD OF TRUSTEES
                   Central Provident Fund Commissioner
                   and Financial Adviser and Chief Accounts Officer 110
                    [Omitted] 110
                   Opening of regional and other offices 110
                   Secretary of the Central Board or a Regional Committee 110
                   Appointment of officers and employees of the Central Board 111
                   Information of appointments to the Central Board 111
                   Administrative and financial powers of a Commissioner 111
                   Delegation of power by the Central Board 111
                   Powers of the Central Government until the
                   Central Board is constituted 112
CHAPTER IV : MEMBERSHIP OF THE FUND
                   Classes of employees entitled and required
                   to join the Fund 112
                   Retention of membership 113
                   Resolution of doubts 114
                   Exemption of an employee 114
                   Exemption of a class of employees 115
                   Terms and conditions of exemption 115
                   Transfer of accumulations from existing Provident Funds 115
CHAPTER V : CONTRIBUTIONS
                   Contributions 117
                   Payment of contribution 118
                   Employer's share not to be deducted from the members 118
                   Recovery of a member's share or contribution 119
                   Recovery of damages for default in payment of any contribution 119
                   Terms and conditions for reduction or waiver of damages 120
CHAPTER VI : DECLARATION, CONTRIBUTION CARDS AND RETURNS
                   Declaration by persons already employed at the
                   time of the institution of the Fund 120
                   Declaration by persons taking up employment
                   after the Fund has been established 120
                   Preparation of contribution cards 120
                   Duties of employers 121
                   Employer to furnish particulars of ownership 121
                   Duties of contractors 122
                   Allotment of Account Numbers 122
                   Mode of payment of contributions 122
                   Fixation of administration charges 123
                   Contributions to be entitled in the contribution card 124
                   Supply of Passbooks to the members 124
                   Currency of contribution cards 124
                   Renewal of contribution cards 124
                   Submission of contribution cards to the Commissioner 124
                   Custody of contribution cards 125
                   Inspection of cards by members 125
                   Production of cards and records for inspection
                   by the Commissioner or Inspector 125
                   Supply of cards and forms to employers 125
                   Current Account 125
CHAPTER VII : ADMINISTRATION OF THE FUND, ACCOUNTS AND AUDIT
                   Administration Accounts 125
                   Provident Fund Account 125
                   Interest Suspense Account 125
                   Investment of moneys belonging to Employees' Provident Fund 126
                   Disposal of the Fund 127
                   Expenses of administration 127
                   Form and manner of maintenance of accounts 127
                   Audit 127
                   Inter-State transfer of members 127
                   Budget 128
                   Member's Accounts 128
                   Interest 129
CHAPTER VIII : NOMINATIONS, PAYMENTS AND
WITHDRAWALS FROM THE FUND
                   Nomination 130
                   Financing of Members' Life Insurance Policies 130
                   Conversion of policy into a paid-up
                   one and payment of late fee, etc. 131
                   Assignment of Policies to the Fund 131
                   Bonus on policy to be adjusted against
                   payments made from the Fund 132
                   Reassignment of policies 132
                   Recovery of amounts paid towards Insurance Policies 132
                    [Omitted] 132
                   Withdrawal from the fund for the purchase of
                   a dwelling house/flat or for the construction
                   of a dwelling house including the acquisition
                   of a suitable site for the purpose 132
                   Withdrawal from the Fund for repayment
                   of loans in special cases 137
                    [Deleted] 138
                    [Omitted] 138
                   Computation of period of membership 138
                    [Deleted] 138
                    [Deleted] 138
                    [Deleted] 138
                   Grant of advance in special cases 138
                    [Omitted] 139
                   Advance from the Fund for illness in certain cases 139
                   Advance from the Fund for marriages or post-matriculation
                   education of children 140
                   Grant of advances in abnormal conditions 141
                   Grant of advance to members affected by cut
                   in the supply of electricity 141
                   Grant of advance to members who are physically handicapped 142
                   Withdrawal which one year before the retirement 142
                   Payment of withdrawal or advance 142
                   Circumstances in which accumulations
                   in the Fund are payable to a member 142
                   Accumulations of a deceased member-To whom payable 144
                   Payment of provident fund accumulations in the case
                   of a person charged with the offence of murder 145
                    [Omitted] 145
                   Payment of Provident Fund 145
                   Annual statement of member's account 148
                    [Omitted] 148
CHAPTER IX : MISCELLANEOUS
                   Annual Report on the work and activities
                   of the Board and its audited accounts 148
                   Issue of copies of member's accounts, Annual Reports, etc. 149
                   Punishment for failure to pay contributions, etc. 149
                   Conduct of business of the Central Board 149
                   Power to issue directions 149
                   Special provisions relating to factories or other
                   establishments in respect of which applications
                   for exemption are received 149
                   Filing application for review 150
                   Time-limit for communicating the views of the Central Board
                   to the appropriate Government on a proposal for
                   grant of exemption to an establishment 150
                   Composition of the Board of Trustees of the exempted
                   establishments and the terms and conditions
                   of service of the trustees 150
                       APPENDIX A 151
CHAPTER X
                   Special provisions in the case of newspaper
                   establishments and newspaper employees 153
                   Special provisions in the case of Cine-Workers 156
                       FORM 1-Exemption under Paragraph 27 of the Scheme 158
                       FORM 2-Nomination and Declaration Form for
                       Unexempted/Exempted Establishments 159
                       FORM 3-Contribution Card for the currency period 160
                       FORM 3-A (Revised)-Contribution Card for the currency period 161
                       FORM 4-Contribution Card for employees other than
                       monthly paid employees 162
                       FORM 4-A-[Omitted] 163
                       FORM 5-Return of Employees qualifying for membership
                       of the Employees' Provident Fund, Employees'
                       Pension Fund & Employees' Deposit-linked
                       Insurance Fund for the first time 163
                       FORM 5-A-Return of Ownership to be sent
                       to the Regional Commissioner 164
                       FORM 6 (Revised)-Return of the Contribution Cards
                       sent to the Commissioner on the expiry
                       of the period of currency 165
                       FORM 6-A-Annual statement of contribution
                       for the currency period 165
                       FORM 7-[Omitted] 167
                       FORM 8-[Omitted] 167
                       FORM 9-Application for review filed under sub-section
                       (1) of Section 7-B of the Employees' Provident
                       Funds and Miscellaneous Provisions Act, 1952 167
                       FORM 10-Return of Members leaving service 167
                       FORM 11 (Revised)-Declaration by a person taking
                       up employment in an establishment in which the
                       Employees' Provident Fund and Family Pension
                       Fund Scheme are in force 168
                       FORM 12 (Revised)-Statement of Contribution 169
                       FORM 12-A (Revised)-Statement of Contribution 170
                       FORM 13-Application for transfer of EPF Account 171
                       FORM 14-Application for Financing a Life Insurance
                       Policy out of the Provident Fund Account 173
                       FORM 15-Form of Assignment of Policies under
                       Paragraph 64(1) to be endorsed on Policy 175
                       FORM 16-Application for advance from the
                       Fund under Paragraph 68-B 176
                       FORM 19-Form to be used by a Major Member of Employees'
                       Provident Funds Scheme, 1952 for Claiming the Employees'
                       Provident Fund Dues 178
                       FORM 20-Employees' Provident Funds Scheme, 1952 181
                       FORM 31-Application for Advance from the Fund 186
Employees' Pension Scheme, 1995 190-227
                   Short title, commencement and application 191
                   Definitions 191
                   Employees' Pension Fund 192
                   Payment of contribution 193
                   Recovery of damages for default
                   in payment of any contributions 193
                   Membership of the Employees' Pension Scheme 193
                   Retention of membership 194
                   Option for joining the Scheme 194
                   Resolution of doubts 194
                   Determination of Eligible Service 194
                   Determination of Pensionable Service 195
                   Determination of Pensionable Salary 195
                   Monthly Member's Pension 195
                   Option for Commutation 198
                   Options for return of capital 198
                   Benefits on leaving service before being eligible
                   for monthly member's pension 199
                   Benefits on permanent and total
                   disablement during the service 199
                   Benefits to the family on the death of a member 199
                   Guarantee of Pensionary Benefits 201
                   Payments on Exercise of Option 202
                   Payment of Pension 202
                   Particulars to be supplied by the employees already
                   employed at the time of commencement of the
                   Employees' Pension Scheme 202
                   Preparation of contribution cards 202
                   Duties of employers 202
                   Employer to furnish particulars of ownership 203
                   Duties of contractors 203
                   Allotment of Account Numbers 203
                   Declaration by persons taking up employment
                   after the fund has been established 203
                   Employees' Pension Fund Account 203
                   Investment of the Employees' Pension Fund 204
                   Disposal of the Fund 204
                   Administration Account 204
                   Forms of Accounts 204
                   Audit 204
                   Rounding up of the benefits 204
                   Valuation of the Employees' Pension Fund and
                   review of the rates of contributions and
                   quantum of the pension and other benefits 204
                   Disbursement of pension and other benefits 205
                   Registers, records, etc. 205
                   Power to issue directions 205
                   Regional Committee 205
                   Annual Report 205
                   Application of the provisions of the Employees'
                   Provident Funds Scheme, 1952 205
                   Exemption from the operation of the Pension Scheme 205
                   Submission of Return 206
                   Information to the Central Government 206
                   Interpretation 206
                   Punishment for failure to submit return, etc. 206
                   Payment of pension in the case of a person
                   charged with the offence of murder 206
                   Repeal and Savings 207
                       TABLE A-Withdrawal Benefit 207
                       TABLE B-Factor for computation of past service
                       benefit under the [Ceased] Family Pension Scheme
                       for existing members on exit from the employment 208
                       TABLE C-Equivalent Widow Pension 209
                       TABLE D-Return of contribution on
                       exit from the employment 212
                       FORM 1-Monthly Return to be submitted by the exempted
                       establishments/class of establishments/Board of Trustees 213
                       FORM 2-Declaration and Nomination Form under the Employees'
                       Provident Fund and Employees' Pension Scheme 215
                       FORM 3-Consolidated return of employees who are
                       entitled and required to become members of the
                       Pension Fund on the date the Pension
                       Scheme comes into force 216
                       FORM 6-Statement of Contribution 217
                       FORM 7-Contribution card for members 217
                       FORM 8-Annual statement of Contribution
                       for the currency period 218
                       FORM 9-Declaration by a person taking up
                       employment in the establishment 219
                       FORM 10-C-Employees' Pension Scheme, 1995 form
                       to be used by a member of the Employees' Pension Scheme,
                       1995 for claiming withdrawal benefit only 219
                       FORM 10-D-Employees' Pension Scheme, 1995 221
                       FORM 10-D-Application for Monthly Pension 224
                       FORM 12-A-Employees' Provident Fund and
                       Miscellaneous Provisions Act, 1952,
                       Employees' Pension Scheme 226
Employees' Deposit-linked Insurance Scheme, 1976 228-251
CHAPTER I : PRELIMINARY
                   Short title, commencement and application 228
                   Definitions 229
                   Administration of the Scheme 229
                   Regional Committee 229
                   Delegation of power by the Central Board 229
                   Administrative and financial powers of the Commissioner 229
                   Contribution 230
                   Mode of payment of contribution 230
                   Recovery of damages for default
                   in payment of any contribution 230
                   Terms and conditions for reduction
                   or waiver of damages 231
                   Employer's contribution not to be deducted
                   from the wages of the employees 231
                   Duties of employers 231
                   Inspection of records and registers
                   by the Commissioner or Inspector 232
                   Supply of forms to employers 232
                   Administration Account 232
                   Deposit-linked Insurance Fund Account 232
                   Investment of moneys belonging to the Insurance Fund 232
                   Interest 232
                   Disposal of the Insurance Fund 233
                   Expenses of Administration 233
                   Form and manner of maintenance of accounts 233
                   Audit 233
                   Budget 233
                   Scales of assurance benefits and the minimum
                   average balance to be maintained by an employee 234
                   Assurance benefit to whom payable 234
                   Assurance amount-How to be paid 235
                   Registers, Records, etc. 236
                   Annual Report on the working of this Scheme 236
                    [Omitted] 236
                   Special provisions relating to coal mines in respect
                   of which applications are received for exemption
                   from the provisions of this Scheme 236
                   Punishment for failure to submit returns, etc. 237
                       FORM 1(IF) 238
                       FORM 2(IF) 238
                       FORM 3(IF) 239
                       FORM 4(IF) 239
                       FORM 5(IF) 240
                       FORM 1-Receipt and Payment Account
                       (Contribution Account) 243
                       FORM 2-Receipt and Payment Account
                       (Administration Account) 243
                       FORM 3-Balance Sheet 244
                       Employees' Deposit-linked Insurance Account Schedules 245
Employees' Provident Funds Appellate Tribunal
(Procedure) Rules, 1997 252-261
                   Short title and commencement 252
                   Definitions 252
                   Language of the Tribunal 253
                   Procedure for Filing Appeals 253
                   Presentation and scrutiny of appeals 254
                   Place of Filing Appeals 254
                   Fee, time for filing appeal, deposit
                   of amount due on filing appeal 254
                   Content of the Appeal 254
                   Documents to accompany the appeal 254
                   Plural Remedies 255
                   Service of notices and processes issued by the Tribunal 255
                   Filing of reply and other document by the respondents 256
                   Date and place of hearing to be notified 256
                   Calendar of cases 256
                   Action on appeal for appellant's default 256
                   Ex parte hearing and disposal of appeal 256
                   Substitution of legal representatives 257
                   Adjournment of Hearing 257
                   Order to be signed and dated 257
                   Communication of Orders to parties 257
                   Orders and directions in certain cases 257
                   Working hours of the Tribunal 257
                   Sitting hours of the Tribunal 257
                   Powers and functions of the Registrar 258
                   Additional powers and duties of Registrar 258
                   Seal and Emblem 258
                   Dress of the Presiding Officer and staff of the Tribunal 258
                   Dress of the Parties 258
                   Expenses of the Tribunals 259
                       APPENDIX 259
                       FORM I-Appeal under Section 7-I of the Employees'
                       Provident Funds and Miscellaneous Provisions Act, 1952 259
                       FORM II-Receipt Slip 260
                   SUBJECT INDEX 262-278
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