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EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952

EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952. Presented by : . Foreword. The employees provident funds and miscellaneous act,1952: is a piece of social legislation a beneficent measure,

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EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952

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  1. EMPLOYEES’ PROVIDENT FUNDS ANDMISCELLANEOUS PROVISIONS ACT, 1952 Presented by :

  2. Foreword The employees provident funds and miscellaneous act,1952: • is a piece of social legislation • a beneficent measure, • enacted for the purpose of institution of provident fund for employees in factories and other establishments. • Provident fund is an effective old-age and survivorship benefit.

  3. HISTORICAL BACKGROUND WITH THE INDUSTRIAL GROWTH • Some big employers introduced schemes of PF for welfare of workers. • But these were private and voluntary • Workers of small employers remained deprived • Therefore grouse of deprived workers gained momentum. • Contd...

  4. In 1946, Labour Investigation committee was formed to investigate the functioning of the above mentioned private and voluntary PF schemes. • On 15th November 1951, the govt of India promulgated the Employees’ Provident Funds Ordinance which was subsequently replaced by the Employees’ Provident Funds and Actpassed on 4th March 1952.

  5. Object of the act The object of the act is • to provide substantial security • timely monetary assistance to EMPLOYEES AND THEIR FAMIILY MEMBERS

  6. This act extends to the whole of INDIA except the state of JAMMU AND KASHMIR

  7. Where does this Act apply? This act applies to every establishment, which is • a factory, and • to any other establishment employing 20 or more persons which the Central govt may by notification in the Official Gazette, specify in this behalf Contd…

  8. But the Central Government is empowered to apply the provisions of this act to any establishment • Employing less than 20 persons • By giving a notification at least 2 months before it intends to do so.

  9. Establishment not covered through the act can be covered through the act • On an application made to the CPF commissioner • Stating that the employer and the majority of employees agree to the applicability of the act to the establishment

  10. Important definitions under this Act Basic wages: It means all emoluments earned by an employee while on duty or on leave with wages in accordance with the terms of employment and which are paid or payable in cash to him, but does not include; (i) the cash value of the food concession (ii) allowances payable to him (iii) any presents made by the employer

  11. Employee: It means any person who • is employed for wages • in connection with the work of an establishment • who gets wages directly or indirectly from the employer • includes any person employed by or through a contractor

  12. Employer : In relation to a factory establishment, as per section 2(e) of the act, the employer means • the owner or occupier, • including his agent , • the legal representative of a deceased owner or occupier • manager of the factory For other establishments, • the person who has the ultimate control over the affairs of the establishment.

  13. TRUE or FALSE Q. The retired employees from railways are excluded employees under EPF scheme Ans. False Q. Schools are not liable for payment of contributions of the employees such as drivers, conductors, engaged by transport contractor. Ans. True .

  14. TRUE or FALSE Q. Partner of a firm having a status of beneficiary will not be an employee either to be covered or counted under the Act. Ans. True

  15. Power to apply act to establishments with common PF When immediately before this act becomes applicable to an establishment there is in existence a provident fund which is common to the employees employed in that establishment and employees in any other establishment, the central govt may, notification in the Official Gazette, direct that the provisions shall also apply to such other establishments

  16. What does this Act include? This Act includes : (i) Employees’ Provident Fund Scheme (ii) Employees’ Pension scheme (iii) Employees’ Deposit-linked Insurance Scheme.

  17. EMPLOYEES’ PROVIDENT FUND SCHEMES According to Section 5 of this Act the Central Govt may, by notification in the Official Gazette, frame a Scheme to be called the Employees’ Provident Fund Scheme for the establishment of provident funds under this Act

  18. EMPLOYEES’ PENSION SCHEME Section 6.A provides that the Central Government may frame an Employees’ Pension Scheme for: • Superannuation pension, retiring pension or permanent total disablement pension to the employees covered under the act. • Widow or widower's pension, children pension or orphan pension payable to the beneficiaries of such employees.

  19. Employees’ Deposit-linked Insurance Scheme The Central Government under Section 6-C of the Act may formulate an Employees’ Deposit-linked Insurance scheme for providing: • Life insurance benefits to the employees of any establishment or class of establishments to which the Act applies.

  20. CENTRAL BOARD Section 5.A provides that the Central Government may by notification in the Official Gazette constitute a Central Board for all such territories as to where the Act applies.

  21. The Board shall constitute of • A Chairman and a Vice-Chairman; • The Central Provident Fund Commissioner who shall be an ex-officio member of the Board; • Not more than fifteen persons appointed by the Central Government from amongst its officials; and contd...

  22. Not more than fifteen persons representing the Government of the States; • Ten persons representing employers of the establishments to which the scheme applies; • Ten persons representing employees in the establishments to which the scheme applies. NOTE: ALL APPOINTMENTS TO BE MADE BY THE CENTRAL GOVERNMENT.

  23. WHAT ARE THE DUTIES OF THE CENTRAL BOARD ? The Board is expected to • administer the funds vested in it by means of contributions, • maintain proper accounts of its income and expenditure in such form and in such manner as prescribed by the Central Government, and • Contd... .

  24. also perform such other functions as it may be required to perform by or under any provisions of the Employees Provident Fund Scheme and the Insurance Scheme under the Act.

  25. EXECUTIVE COMMITTEE Section 5(AA) provides that the Central Government may, by means of a Notification in the Official Gazette, constitute an Executive Committee to assist the Central Board in the performance of its functions.

  26. Such Executive Committee shall consist of: • A Chairman appointed by the Central Government from amongst the members of the Central Board; • Two persons appointed by the Central Government from amongst its officials nominated into the Central Board; • Persons appointed by the Central Government from amongst the State nominees in the Central Board; and Contd...

  27. Three persons representing the employers elected by the Central Board from amongst the fifteen representatives of employers in the Central Board; • Three persons representing the employees elected by the Central Board from amongst the fifteen representative of the employees in the Central Board; and • The Central Provident Fund Commissioner as the ex-officio member.

  28. STATE BOARD Section 5.B provides that the Central Government may, after consultation with the Government of any State, by means of a Notification in the Official Gazette, create a State Board for such State. Such a State Board shall exercise such powers and perform such duties as the Central Government may assign to it from time to time.

  29. OFFICERS OF THE BOARD The Central Govt shall appoint: A Central Provident Fund Commissioner who is to serve as the Chief Executive Officer of the Central Board and shall be under the general control and superintendence of the Board. Contd...

  30. The Central Govt may also appoint: • A Financial Adviser and Chief Accounts Officer to assist the Central Provident Fund Commissioner in the discharge of his duties; and • As many Additional Provident Fund Commissioners, Regional Provident Fund Commissioners, Assistant Provident Fund Commissioners, and such other officers and employees as it may consider necessary.

  31. CONTRIBUTIONS TO BE MADE INTO THE PROVIDENT FUND Each employer shall, in respect of an employee employed by him either directly or through a contractor • pay ten percent of the basic wages, dearness allowance and retaining allowance (only in cases where retaining allowance is being paid) payable to such employee. Contd...

  32. Each employee shall contribute to the Provident Fund • an amount equalling the contribution made by the employer, • but shall be free to make a contribution over and above the sum made by the employer, but in such a case, there shall be no obligation on the employer to match such excessive contribution made by the employee Contd...

  33. However, the Central Government shall be free, after making due inquiry, to issue a Gazette Notification fixing the quantum of contribution of both employers and employees at twelve percent in any establishment or class of establishments.

  34. DETERMINATION OF MONEY FROM EMPLOYERS Section 7.A provides that ANY Provident Fund Commissioner may: • In a case where a dispute arises regarding the applicability of this Act to an establishment, decide such dispute; and • Determine the amount due from any employer under any provision of this Act

  35. Review of Orders passed under sub-section 1 of section 7(A) Any person • who is aggrieved by an order passed, • but from which no appeal has been preferred under the Act and • who, from the discovery of new and important matter of evidence, desires to have the order made reviewed, may apply for a review of that order to the officer who made the order.

  36. EMPLOYEES’ PROVIDENT FUND APPELLATE TRIBUNAL • The Central Govt may constitute one or more employees’ provident fund appellate tribunal which shall have jurisdiction in respect of establishments situated in such area as notified in notification constituting the tribunal. • A tribunal shall consist of only one person who will be the presiding officer Contd...

  37. A person can not be the presiding officer of a tribunal unless he is, or has been, or is qualified to be,- (i) a judge of a high court; or (ii) a district judge

  38. Staff of tribunal The Central Govt shall determine • Nature and categories of officers and other employees • Staff of tribunal shall discharge their functions under the Presiding officer

  39. How to recover due money from employers? If any money is due from the employer to any schemes under this Act, • It could be recovered by the Central Provident Fund Commissioner or • Such other officer as may be authorised by the Provident Fund Commissioner, • In the same manner as an arrear of land revenue, but only after making a Gazette Notification to that effect.

  40. Appeals to Tribunal Any person • who is aggrieved by an order fixing the moneys due from the employers, • or an order either allowing or denying the review contemplated, • or an order determining the escaped amounts, can prefer an appeal to the Appellate Tribunal

  41. the Tribunal may, after giving sufficient opportunities to all those concerned, pass such orders as it thinks fit, either confirming or altering the order appealed against. • It may also send the case back to the authority which passed the order appealed against, with such directions for disposing of the case, as it may think fit, or even direct a fresh adjudication

  42. True or False Q. A person preferring an appeal to a tribunal under this Act may either appear in person or take the assistance of a legal practitioner to present his case before the Tribunal. Ans. True

  43. Orders of Tribunal • A Tribunal after giving the parties to present their case may pass orders as it think fit or, • Refer the case back to authority concerned • A Tribunal may within five years from the date of its order may amend its order with a view to rectify its mistake. Contd...

  44. A Tribunal shall send a copy of every order passed to the parties to the appeal. • Any order made by a Tribunal finally disposing of an appeal shall not be questioned in any court of law.

  45. Interest payable by the employer The employer shall be liable • To pay simple interest at the rate of twelve per cent per annum or as specified in the scheme • On any amount due from him till the date of actual paymentNOTE: The rate of interest specified in the scheme shall not exceed the lending rate of interest charged by any scheduled bank

  46. Mode of recovery

  47. Issue of certificate to the recovery officer Where any amount is in arrear the authorised officer may issue • A certificate specifying the amount and the recovery officer and • The recovery officer shall proceed to recover the amount by : Contd...

  48. Attachment and sale of the movable and immovable property of the establishment or the employer. • Arrest of the employer and his detention in prison; • Appointing a receiver for the management of the property of the establishment or the employer as the case may be.

  49. Effect of Insolvency If an employer from whom some money is due under any scheme under the Act is declared insolvent or a Company from similar sums is due is wound up: • The amount due in either case would be deemed to be included among the debts which are to be paid in priority to all other debts

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