EMPLOYEES PROVIDENT FUNDS SCHEME, 1952
(1) This scheme may he called the Employees' Provident Funds Scheme, 1952.
(2) Save 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.
(3) (a) Subject to the provisions of Sections 16 and 17 of the Act, this Scheme shall apply to all factories and other establishments] to which the Act applies or is applied under sub-section (3) [(or sub-section (4)] of Section 1 or Section 3 thereof :
Provided that the provisions of this Scheme shall not apply to--
(i) Omitted
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In this scheme, unless the context otherwise requires,--
(a) "Act" means the Employees' Provident Funds and Family Pension Fund Act 1952 (19 of 1952);
(b) * * *
(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 recognized;
(d) "Commissioner" means a Commissioner for Employees' Provident Fund appointed under Section 5-D 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 ill
(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 employer or. as the case may be, the employees referred to in clauses (d) and (e) of sub-section (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 be 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
(1) Until such time as a State Board is constituted for a State, the Chairman of the Central Board may by 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 appointed by the Chairman of the Central Board;
(b) Two persons appointed by the Chairman of the Central Board on the recommendation of the State Government;
(c) two persons representing employers in the industries or other establishments to which this Scheme applies in the State (??)appointed 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;
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(1) The term of office of the Chairman. Vice-Chairman and every Trustee of the Central Board referred to in clauses (b), (c), (d) and (e) of sub-section (1) of section 5A of the Act shall be five years commencing on and from the date on which their appointment is notified in the Official Gazette.
(2) The term of office of the Chairman and every Member of the Executive Committee referred to in clauses (b), (c), (d) and (e) 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), (d) and (e) of sub-paragraph (1) of paragraph 4 shall be three years commencing on and from the date on which their appointment is notified in th
(1) A trustee of the Central Board or a member of the 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.
A member of the 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.
If a trustee or a member of the 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:
Provided that the Central Government in the case of the Central Board or 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.
(1) A person shall be disqualified for being appointed 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 a undischarged insolvent; or
(iii) if before or after the commencement of the Act he has been convicted of an offence involving moral turpitude; or
(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.
(2) If any question arises whether any person is disqualified under sub-paragraph (1), it shall be referre
The 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:
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 re
(1) Before a non-official trustee or a member of a Regional Committee leaves India--
(a) he shall intimate to the Chairman of the Central 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 Central Board or of the Regional Committee, as the case may be, he shall be deemed to have resigned from the Central Board or the Committee.
(1) The Central Board of Trustees or 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 :
Provided 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 Central Board or the Executive Committee and not less than three members excluding the Chairman in the case of a Regional Committee, call a meeting thereof.
Notice of not less than 15 days from the date of posting, containing the date, lime 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 the 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.
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 the Executive 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.
(1) No business shall be transacted at a meeting of the Central Board or the Executive Committee or a Regional Committee unless at least eleven trustees or four members 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;
(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 a Regional Committee, at least one shall be from among those appointed under clause (c) and at least one from among those appointed) under clause (d) of sub-paragraph (1) of para
(1) If a trustee or a member is unable to attend any meeting of the Central 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 Central Board or the Regional Committee, as the case may be, and explaining the reasons for his inability to attend the meeting, appoint any representative of the Organisation, which he represents on the Central Board) or the Regional Committee, as his substitute for attending that meeting of the Central 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 Central Board or the Regional Committee as the case may be; and
(ii) the instrument making such appointment has been receive
Every question considered at a meeting of the Central Board, or the Executive Committee or a Regional Committee shall be decided by a majority of the votes of the trustees 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 ill, direct that any question shall be decided by the circulation of necessary papers to trustees or members 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 arc equally divided, the opinion of the Chairman shall prevail:
Provided further that
(1) The minutes of a meeting of the Central Board or the Executive Committee or a Regional Committee showing inter alia the names of the trustees or members of Executive Committee or a Regional Committee| present thereat shall be circulated to all trustees or members of Executive 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 at least ten days before such meeting.
(2) The records of the minutes of each meeting shall be signed by the Chairman after continuation with such modifications, if any as may be considered necessary at the next meeting.
No act or proceeding of *** a Regional Committee shall be deemed to be invalid by reason merely of any vacancy in or any defect in the constitution of *** the Regional Committee ***.
(1) The travelling 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.
(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 shall 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 in
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. ***
The Central Board may, 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.
(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 the Executive Committee or a Regional Committee shall, in consultation with the Chairman, convene meetings of the Central Board or the 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 the Executive Committee or the Regional Committee, as the case may be.
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 pasts carrying the maximum scale of pay of Rs. 1[14300-18300].
1. Substituted by Notification No. S-35016/1/98-SS.II dt 25.02.2000 for the figures "4500-5700"
References relating to all appointments of officers of the level of the Regional Provident Fund Commissioners and above made by the Chairman, Central Board shall be placed before the next meeting of the Central Board for information.
(1) A Commissioner may, without reference to the Central Board sanction expenditure on contingencies, supplies and services 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.
(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.
(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 stat
(1) The Central Board 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 the 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.
(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 sanct
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.
(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:
(1) A member of the Fund shall continue to be a member until he withdraws under paragraph 69 the amount standing to his credit in the Fund or is covered by notification of exemption under Section 17 of the Act or an order of exemption under paragraph 27 or paragraph 27-A.
Explanation.--(1) In the case of the 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 authorized to him by the authority specified in this behalf by the 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 to which this Scheme applies shall contribute to the Fund, and the contribution shall also be payable to the Fund in respect of him by the employer.
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 required to become a member, the decision, thereon of the Regional Commissioner * * * shall be final:
Provided that no decision shall be given unless both the employer and the employee have been heard.
(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 I 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) When 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 Cent
(1) The 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 factory or other establishment and such benefits separately or jointly are 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 Go
All exemptions already granted or to be granted hereafter under Section 17 of the Act or under Paragraph 27-A of the scheme shall be subject to the terms and conditions as given in the Appendix A.]
1.Inserted by GSR18 dt. 06.01.2001
(1) Every authority in charge of or entrusted with the management of, any Provident Fund in existence the accumulations wherein are to be transferred to the Fund under sub-section (2) of Section 15 of the Act, or sub-section (5) of Section 17 thereof, as the case may be shall--
(i) send to the 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 within 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 factory or other establ
(1) The contributions payable by the employer under the scheme shall be at the rate of ten percent. of the basic 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 :
Provided that the above rate of contribution shall be twelve percent 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:
Provided that in respect of any employee to whom the Scheme applies, the contribution payable by him ma
Section Sche.29 of the Employees’ Provident Funds Scheme, 1952, deals with the procedural aspects of contributions, withdrawals, and the administration of provident fund benefits for employees in covered establishments. It provides the framework for operationalizing the scheme, including the manner of contributions, withdrawal procedures, and related administrative provisions.
Sche.29 primarily governs:- The manner of contribution by employers and employees.- Conditions and procedures for withdrawal of provident fund amounts.- The role of the employer and employee in maintaining and operating the fund.- The authority of the authorities to regulate the scheme's implementation.- Penalties and penalties for default or breach of scheme provisions.
In summary, Sche.29 of the Employees’ Provident Funds Scheme, 1952, forms the backbone of the operational and procedural framework for managing provident fund contributions, withdrawals, and compliance, reinforced by statutory penalties to ensure adherence and protect employees’ interests under the overarching Employees’ Provident Funds Act, 1952.
Note: All references are from the provided sources, primarily "STATE OF KERALA VS KERALA LAND DEVELOPMENT CORPORATION EMPLOYEES UNION".
(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.
(3) It shall be the responsibility of the principal employer to pay both the contributi
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.
(1) The amount of a member's contribution paid by the employer [or a contractor] shall notwithstanding the provisions in this Scheme or any law for the time being in force or any contract to the contrary, be recoverable by means of deduction from the wages of the member and otherwise:
Provided that no such deduction may be made from any wage other than that which is paid in respect of the period or part of the period in respect of which the contribution is payable:
Provided further that the employer [or 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 [or a contractor] that he was not alread
(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 default Rate of damages
(Percentage of arrears per annum)
(a) Less than two months Seventeen
(b) Two months and
The Central Board may reduce or waive the damages levied under Section 14-B of the Act in relation to an establishment specified in the second proviso to Section 14-B, 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 upto 100 per cent. may be allowed;
(c) in other cases, depending on merits, reduction of damages upto 50 per cent. may be allowed.
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 in Form 2. Such employer shall enter the particulars in the declaration form and obtain the signature or thumb impression of the person concerned.
The employer in relation to a factory 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:
Provided 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 nece
The employer shall prepare a contribution card in Form 3 or Form 3-A as may be appropriate, in respect of every employee in his employment at the commencement of 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:
Provided 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 with the requirements of the Scheme
(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, of the employees required or entitled to become members of the Fund showing the [basic wage, retaining allowance if any and dearness allowance including the cash value of any food concession] paid to each of such employees :
Provided 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.
1[(1A) Every employer shall send to the Commissioner, within fifteen days of every month commencing from the 1st day of April, 2008, in such form as the Commissioner may specify, the particulars as are necessary, of an employee who is a person with disability and is a member on or entitled to become a member a
On receipt of the information referred to in sub-paras. 33, 34 and 36, the Commissioner shall promptly allot an Account Number to each employee qualifying to become a member and shall communicate the Account Number to the member through the employer.
(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 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, and in respect of which provident fund contributions are payable, 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 charges:
Provided 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 ma
The Central Government may, in consultation with the Central Board and having regard to the resource of the Fund available for meeting its normal administrative expenses, fix the percentage of administrative charges payable under sub-paragraph (1) of para. 38 above.
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 in every month in the contribution card opened in the name of each member under this scheme.
With effect from such date as the Commissioner may specify in this behalf, every employer shall, or an employee becoming a member of the 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.
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 factories or any other establishments as may be decided by the Commissioner from time to time:
Provided 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.
An employer shall, on or before the expiration of the period of currency of the contribution card prepare in respect of each member employed by him a card in Form 3 or Form 3-A as may be appropriate, for the next period of currency:
Provided 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 contain such particulars as are necessary to comply with the requirements of that Scheme.
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:
Provided that where a member leaves service, the employer shall send the contribution card in respect of such member before the twentieth day of the month following that in which the member left the service:
Provided further that in the case of any such employee who has become a member of the Family Pension Fund under the Employees' Provident Funds Scheme, 1971, the aforesaid Form shall also contain such particulars as are necessary to comply with the requirements of the Scheme.
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.
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.
Every employer shall, whenever the Commissioner or any other officer authorized 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 records provided that he shall grant a receipt for every record retained by him.
The Commissioner shall supply to employer, free of charge on demand contribution, pass-books, declaration forms and other forms referred to in this Scheme:
Provided that if any employer desires to obtain any cards, pass-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, pass-books or forms and make such charge therefor as he considers reasonable.
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.
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 authorized to levy.
The aggregate amount received as the employers, and the employees contribution to the fund shall be credited to an account to be called the "Provident Fund Account".
All interest, rent and other income realised, and not profits or losses, if any, from the sale of 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 "Interest 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."
(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 bank 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 Cls. (a) to (b) of Sec. 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 of India.
(2) All expenses incurred in respect of, and loss, if any arising from any investments shall be charged to the fund.
(1) Subject to the provisions of the Act and of the 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 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 authorized in this behalf by the Central Board.
All expenses relating to the administration of the fund including those incurred on Regional Committees shall be met from the fund.
(2) All 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 stationery and forms incurred in respect of the Central Board, cost of 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 Govern
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 financial year and the books shall be balanced on the thirty-first March each year.
The accounts of the fund, including the Administration Accounts shall be audited in accordance with the instructions issued by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The charges on account of Audit shall be paid out of the Administration Account.
(1) Where a member of the fund ceases to be employed in one region and secures employment in another region in an establishment to which this scheme applies or which is an exempted establishment or which is not covered under the Act but has a provident funds scheme of its own, he may apply to the Commissioner within whose jurisdiction he was previously employed, in such form as the Commissioner may specify, for transfer of balance of the provident fund in the existing account to his account in the other region.
(2) Where a member of the fund ceases to be employed in one establishment and secures employment in another establishment in the same region, he may apply to the Commissioner of the region in such form as the Commissioner may specify for the transfer of balance of the provident fund in his previous account to his account in the new establishment where he takes up the employm
(1) The Commissioner shall place before the Central Board each year before the first fortnight of February, a budget showing separately the probable receipts from the contributions and from the levy of administrative charges and the expenditure which it proposes to incur during the following financial year. The budget as approved by the Central Board shall be submitted for sanction to the Central Government within a month of its being placed before the Central Board.
(2) The Central Government may make such modifications in the budgets as it considers desirable before sanctioning it.
(3) The Commissioner may, at any time during the year, make budgetary reappropriation of funds sanctioned in the budget by the Central Government, provided that--
(i) the total amount sanctioned in the budget by t
(1) An account shall be opened in the office of the fund in the name of each member in which shall be credited--
(a) his contributions,
(b) the contributions made by the employer in respect of him, and
(c) interest as provided in para. 60.
(2) All items of account shall be calculated to the 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.
(3) On receipt of the contribution card or cards of a member from his employer or employers at the end of the period of currency of the contribution card, the Commissioner shall compare the entries made in the contribution card or cards with those made in the member's individual account in th
(1) The Commissioner shall credit to the account of each member interest at such rate as may be determined by the Central Government in consultation with the Central Board.
(2) (a) Interest shall be credited to the member's account on monthly running balances basis with effect from the last day in each year in the following manner:--
(i) on the account at the credit of a member on the last day of the preceding year, less any sums withdrawn during the current years--interest for twelve months;
(ii) on sums withdrawn during the current year--interest from the beginning of the current year to the last day of the month preceding the month of withdrawal;
(iii) on all the sums credited to the member's account after the last day of the preceding year--inte
(1) Each member shall make in his declaration in Form 2, a nomination conferring the right to receive the amount that may stand to his credit in the Fund in the event of his death before the amount standing to his credit has become payable, or where the amount has become payable before payment has been made.
(2) A member may in his nomination distribute the amount that may stand to his credit in the fund amongst his nominees at his own discretion.
(3) If a member has a family at the time of making a nomination, the nomination shall be in favour of one or more persons belonging to his family. Any nomination made by such member in favour of a person not belonging to his family shall be invalid.
(4) If at the time of making a nomination the member has no family, the nomination may be in favour of
(1) Where a member desires that premium due on a policy of life insurance taken by him on his own life should be financed from his Provident Fund Account, he may apply in such form and in such manner as may be prescribed by the Commissioner.
(2) On receipt of such application the Commissioner, or, where so authorized by the Commissioner, any other officer subordinate to him may make payment on behalf of the member to the Life Insurance Corporation of India towards premium due on his policy:
Provided that no such payment shall be made unless the premium is payable yearly.
(3) Any payment made under sub-paragraph (2) shall be made out of and debited to the member's own contribution with interest thereon standing to his credit in the fund.
(4) No payme
Where a policy of life insurance of a member is financed from his Provident Fund Account, the Commissioner may--
(a) convert the insurance policy into paid-up one when the credit in his provident fund on account of his share becomes inadequate for the payment of any premium;
(b) pay late fee and interest out of the member's own contribution in his provident fund account, if any, premium cannot be remitted to the Life Insurance Corporation in time because of delay in sending to the Commissioner the policy duly assigned to the Central Board or any other reasons for which the member or his employer may be responsible.
(1) The policy shall, within six months of the first payment under para. 62, be assigned by endorsement thereon, to the Central Board and shall be delivered to the Commissioner.
(2) Notice of the assignment of the policy shall be given by the member to the Life Insurance Corporation and the acknowledgment of the said notice by the Corporation shall be sent to the Commissioner within three months of the date of assignment.
(3) The terms of the policy shall not be altered nor shall the policy be exchanged for another policy without the prior consent of the Commissioner to whom the details of the alteration or of the new policy shall be furnished in such form as he may specify.
(4) If the policy is not assigned and delivered as required under sub-paragraph (1), or is assigned otherwise than to th
So long as the policy remains assigned to the Central Board, any bonus accruing on it may be drawn by the Central Board or where authorized by the Central Board by the Commissioner, and adjusted against the payments made on behalf of the member under para. 62.
(1) Where the accumulations standing to the credit of the member are withdrawn under para. 69 or when the member repays to the fund the amounts of premium paid by the Board with interest thereon at the rates provided in para. 60, the Central Board or where authorized by the Central Board, the Commissioner shall re-assign by endorsement thereon the policy to the member together with a signed notice of re-assignment addressed to the Life Insurance Corporation.
(2) If the member dies before the policy has been re-assigned under sub-paragraph (1), the Central Board or where authorized by the Central Board the Commissioner, shall reassign by the endorsement thereon, the policy to the nominee of the member if a valid nomination subsists and if there be no such nominee, to such person as may be legally entitled to receive it together with a signed notice of re-assignment addressed to the
If a policy matures or otherwise falls due for payment during the currency of its assignment, the Central Board or where so authorized by the Central Board, the Commissioner shall realize the amount assured together with bonus, if any, accrued thereon place to the credit of the member the amount so realized or the whole of the amount paid from the fund in respect of the policy with interest thereon, whichever is less, and refund the balance, if any, to the member.
68. ***
68.A. ***
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.
(1) The Commissioner, or where so authorized by the Commissioner, any officer subordinate to him, may on an application from a member in such form as may be prescribed and subject to the conditions prescribed in this paragraph sanction from the amount standing to the credit of the member in the fund, an withdrawal--
(a) for purchasing a dwelling-house/flat, including a flat in a building owned jointly with others (outright or on hire-purchase basis), or for constructing a dwelling-house including the acquisition of a suitable site for the purpose from the Central Government, the State Government, a Co-operative Society, an institution, a trust, a local body or a Housi
(1). (a) The Commissioner or, where so authorized by the Commissioner, any officer subordinate to him, may on an application from the member, sanction from the amount standing to the credit of the member in the fund withdrawal for the repayment, wholly or partly, of any outstanding principal and interest of a loan 3[obtained in the name of the member or spouse of the member or jointly by the member and spouse from a state Government, registered co-operative society, state Housing Board, Nationalised Banks, Public Financial Institutions], Municipal Corporation or a body similar to the Delhi Development Authority solely for the purposes specified in sub-paragraph (i) of the para. 68-B.
(b) The amount of withdrawal shall not exceed the member's basic wages and dearness allowance for thirty-six months or his own share of contributions together with the employer's share of contributions
(1) Notwithstanding anything contained in paragraph 68B or 68BB, where a member desires to purchase a dwelling house/flat, including a flat in a building owned jointly with others (outright or on hire purchase basis), or for construction of a dwelling house including the acquisition of a suitable site for the purpose, from the Central Government, a State Government or a Housing Agency under a Housing Scheme as notified by the Central Provident Fund Commissioner from time to time, may apply in such form and in such manner, as may be prescribed by the Commissioner, for withdrawal from the amount standing to the credit of the member in the Fund, and the Commissioner, or where so authorized by the Commissioner, any officer subordinate to him, on receipt of such application may sanction such amount not exceeding the members own share of contributions with interest thereon (and the employers share of contributions with interest the
68-C. * * *
68-D. * * *
In computing the period of membership of the fund of a member under paras. 68-B, 68-BB, 68-K, his total service exclusive of periods of breaks under the same employer of factory/establishment before this scheme applied to him, as well as the periods of his membership, whether of the fund or of private provident fund of exempted factories/establishments or as an employee exempted under para. 27 or 27-A, as the case may be, immediately preceding the current membership of the fund, shall be included :
Provided that the member has not served his membership by withdrawal of his provident fund during such period.
68-F * * *
68-G * * *
68-GG. * * *
(1) In case a factory or other establishment has been locked up or closed down for more than fifteen days and its employees are rendered unemployed without any compensation or in case an employee does not receive his wages for a continuous period of two months or more, these being for reasons other than a strike, the Commissioner or where so authorized by the Commissioner, any officer subordinate to him may on an application from an employee, who is a member of the Fund, in such form as may be prescribed, authorise payment to him, of one or more non-recoverable advances from his Provident Fund Account not exceeding his own total contributions including interest thereon up to the date the payment has been authorised.
(l -A) In case a provident fund member is discharged or dismissed or retrenched by the employer and such discharge or dismissal or retrenchment is challenged by the mem
68-I. * * *
(1) A member may be allowed non-refundable advance from his account in the fund in cases of (a) hospitalization lasting for one month or more or (b) major surgical operation in a hospital or (c) suffering from T.B., Leprosy, paralysis, cancer, mental derangement or heart ailment and having been granted leave by his employer for treatment of the said illness.
(2) The advance shall be granted if--
(a) the employer certifies that the Employees' State Insurance Scheme facility and benefits thereunder are not actually available to the member or the member produces a certificate from the Employees' State Insurance Corporation to the effect that he has ceased to be eligible for cash benefits under the Employees' State Insurance Scheme; and
(b) a doctor of the hospital certifies that surgical operatio
(1) The Commissioner or where so authorized by the Commissioner, an officer subordinate to him may, on an application from a member, authorize payment to him or her of a non-refundable advance from his or her Provident Fund Account not exceeding fifty per cent of his or her own share of contribution with interest thereon, standing to his or her credit in the fund, on the date of such authorization, for his or her own marriage, the marriage of his or her daughter, son, sister or brother or for the post-matriculation education of his or her son or daughter.
(2) No advance under this paragraph shall be sanctioned to a member unless--
(a) he has completed seven years' membership of the fund; and
(b) the amount of his own share of contributions with i
(1) The Commissioner or where so authorized by the Commissioner, any officer subordinate to him may on an application from a member whose property, movable or immovable, has been damaged by a calamity of exceptional nature, such as floods, earthquakes or riots, authorize payment to him from the Provident Fund Account, a non-refundable advance, of rupees five thousand or fifty per cent of his own total contributions including interest thereon standing to his credit on the date of such authorization, whichever is less to meet any unforeseen expenditure:
(2) No advance under sub-paragraph (1) shall be paid unless--
(i) the State Government has declared that the calamity has affected the general public in the area;
(ii) the member produces a certificate from an appropriate authority to the effect
A member may be allowed a non-refundable advance from his account in the fund, if there is a cut in the supply of electricity to a factory or establishment in which he is employed on the following conditions, namely:
(a) The advance may be granted only to a member whose total wages for any one month commencing from the month of January, 1973, were three-fourths or less than three-fourths of wages for a month.
(b) The advance shall be restricted to the amount of wages for a month or Rs. 300 or the amount standing to the credit of the member in the fund as his own share of contribution with interest thereon, whichever is less.
(c) No advance shall be paid unless State Government certifies that the cut in the supply of electricity was enforced in the area in which the factory or establishment is
(1) A member, who is physically handicapped, may be allowed a non-refundable advance from his account in the fund, for purchasing an equipment required to minimise the hardship on account of handicap.
(2) No advance under sub-paragraph (1) shall be paid unless the member produces a medical certificate from a competent medical practitioner to the satisfaction of the Commissioner or such other officer as may be authorised by him in this behalf to the effect that he is physically handicapped.
(3) The amount of advance under this paragraph shall not exceed the member's basic wages and dearness allowance for six months or his own share of contributions with interest thereon or the cost of the equipment, whichever is the least.
(4) No second advance under this paragraph shall be allowed within a per
The Commissioner, or, whoever so authorised by the Commissioner, any officer subordinate to him, may, on an application from a member in such form as may be prescribed, permit withdrawal of up to 90 per cent of the amount standing at his credit, at any time after attainment of the age of 54 years by the member or within one year before his actual retirement, or superannuation whichever is later.
The Commissioner, or where so authorized by the commissioner, any officer subordinate to him, may, on an application from a member in such form as may be prescribed, permit withdrawal of upto 90% of the amount standing at the credit at any time after attaining age of 55 years by the member, to be transferred to the Life Insurance corporation of India for investment in Varishtha Pension Bima Yozna.
6. Inserted by Notification No. SO304(E) dt. 04.03.2004.
The payment of withdrawal or advance under paras. 68-B, 68-H, 68-J, 68-K, 68-L, 68-M 68-N and 68-NN of the scheme may be made, at the option of the member--
(i) by postal money order, or
(ii) by deposit in the payee's bank account in any scheduled bank or in Co-operative bank (including the Urban Co-operative Bank) or any post office, or
(iii) through the employer.
(1) A member may withdraw the full amount standing to his credit in the fund--
(a) on retirement from service after attaining the age of 55 years:
Provided that a member, who has not attained the age of 55 years at the time of termination of his service, shall also be entitled to withdraw the full amount standing to his credit in the fund if he attains the age of 55 years before the payment is authorized;
(b) on retirement on account of permanent and total incapacity for work due to the bodily or mental infirmity duly certified by the medical officer of the establishment or where an establishment has not regular medical officer, by a registered medical practitioner designated by the establishment;
(c) immediately before migration from India for perm
On the death of a member before the amount standing to his credit has become payable or where the amount has become payable before payment has been made--
(i) if a nomination made by the member in accordance with para. 61 subsists, the amount standing to his credit in the fund or that part thereof to which the nomination relates, shall become payable to his nominee or nominees in accordance with such nomination; or
(ii) if no nomination subsists or if the nomination relates only to a part of the amount standing to his credit in the fund, the whole amount or the part thereof to which the nomination does not relate, as the case may be, shall become payable to the members of his family in equal shares:
Provided that no share shall be payable to--
(a) s
(1) If a person, who in the event of the death of a member of the fund is eligible to receive provident fund accumulations of the deceased member under para. 70, is charged with the offence of murdering the member or abetting in the commission of such an offence, his claim to receive the share of provident fund shall remain suspended till the conclusion of the criminal proceedings initiated against him for such offence.
(2) If on the conclusion of the criminal proceedings referred to in sub-paragraph (1) the person concerned is,--
(a) convicted for the murder or abetting the murder of the member, he shall be debarred from receiving the share of provident fund accumulations which shall be payable to other eligible members, if any, of the deceased member; or
(b) acquitted of the murdering or abe
71. * * *
(1) When the amount standing to the credit of a member, becomes payable, it shall be the duly of the Commissioner to make prompt payment as provided in the scheme. In case there is no nominee in accordance with this scheme or there is no person entitled to receive such amount under sub-paragraph (ii) of para. 70, the Commissioner may, if the amount to the credit of the fund does not exceed Rs. 10,000 and if satisfied after enquiry about the title of the claimant, pay such amount to the claimant.
(2) If any portion of the amount, which has become payable, is in dispute or doubt, the Commissioner shall make prompt payment of that portion of the amount in regard to which there is no dispute or doubt, the balance being adjusted as soon as may be possible.
(3) If the person to whom any amount is to be paid under this Scheme is a minor for who
(1) As soon as possible after the close of each period of currency of contribution card the Commissioner shall send to each member through the employer of the factory or other establishment in which he was last employed a statement of his account in the fund showing the opening balance at the beginning of the period, amount contributed during the year, the total amount of interest credited at the end of the period or debited in the period and the closing balance at the end of period.
(2) Members should satisfy themselves as to correctness of the annual statement and any error should be brought to the notice of the Commissioner within six months of the receipt of the statement.
73-A. * * *
(1) The annual report on the work and activities of the Central Board and its audited accounts together with the report of Comptroller and Auditor-General of India shall be considered by the Executive Committee and shall be placed for adoption at a meeting of the Board to be held before the tenth of December following the close of the financial year concerned:
Provided that if the report of the Comptroller and Auditor-General is not received by the first of December following the close of the financial year to which it pertains, the audited accounts together with report of the Comptroller and Auditor-General may be placed before the Executive Committee/Board.
(2) The annual report on the work and activities of the Board and the audited accounts of the Board together with the report of the Comptroller and Auditor-General of India, as adop
The Commissioner shall furnish copies of the member's account and of the annual reports of the fund to employer or member on written application and on payment of such fee subject to such conditions as may be specified by the Central Board in this behalf.
If any person--
(a) deducts or attempts to deduct from the wages or other remuneration of a member the whole or any part of the employer's contribution, or
(b) fails or refuses to submit any return, statement or other document required by this scheme or submits a false return, statement or other document, or makes a false declaration, or
(c) obstructs any inspector or other official appointed under the Act or this scheme in the discharge of his duties or fails to produce any record for inspection by such inspector or other official, or
(d) is guilty of contravention of or non-compliance with any other requirement of this scheme.
he shall be punishable with imprisonment which may extend to one year, or wi
(1) All orders and other instruments shall be made and executed in the name of the Central Board and shall be authenticated by such person and in such manner as the Central Board may specify.
(2) All contracts and assurances of property shall be expressed to be made by the Central Board and shall be executed on behalf of the Central Board by the Commissioner.
(1) The Central Government may, from time to time, issue such directions to State Governments, the Central Board or any other authority, under this Act or schemes as it may consider necessary for the proper implementation of the schemes or for the purpose of removing any difficulty which may arise in the administration thereof including difficulties in the matter of payment of accumulation in the fund to members after they cease to be such members.
(2) * * *
(3) The authority to whom any directions are issued under this paragraph shall comply with such directions.
Notwithstanding anything contained in this Scheme, the Commissioner may, in relation to a factory or other establishment in respect of which an application for exemption under Sec. 17 of the Act has been received relax pending the disposal of the application the provisions of this scheme in such manner as he may direct
Any person aggrieved by an order made under sub-section (1) of Sec. 7-A and who desires to obtain a review of such order may apply for a review of that order, as provided in sub-section (1) of Sec. 7-B of the Act in Form 9 to the officer who passed such order:
Provided that no application for review of an order will be entertained by the concerned officer, unless the application for review is submitted within 45 days from the date of making such order.
When an appropriate Government consults the Central Board with regard to its proposal for grant of exemption to an establishment under Sec. 17 of the Act, the Board shall give its views on the proposal within a period of three months from the date on which such proposal is received by it.
(1) The Board of Trustees of the establishment granted exemption under Cl.(a) of sub-section (2) of Sec. 17 of the Act shall consist of not less than two and not more than six representatives each of the employers and employees. The number of Trustees shall be so fixed, as to afford, as far as possible, representation to employees of each branch of department of the establishment. In the case of common provident fund for a group of two or more establishments, there will be at least one representative each from the participating establishments:
3***
(2) The employer shall nominate his representatives on the Board of Trustees from amongst the officers employed in managerial or administrative capacity in the establishment.
(3) The representatives of the employees, on the Board of Trustees shall b
The scheme shall, in its application to newspaper establishments and newspaper employees, as defined in Sec. 2 of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955, come into force on the 31st day of December, 1956 and be subject to the modifications mentioned below:--
1. In Chapters I to IX, references to "industry", "factories" and "employees" shall be construed as references to "newspaper industry", "newspaper establishments" and "newspaper employees" respectively;
2. For para. 2 (f), the following shall be substituted, namely:
"(f) "Excluded employee" means,--
(i) an employee who, having been a member of the fund has withdrawn the full amount of his accumulation in the fund under Cl. (a) or Cl. (c) of sub-pa
The Scheme shall, in its application to cine-workers as defined in Cl. (c) of Sec. 2 of the Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 (50 of 1981), be subject to the following modifications, namely:--
"(f) 'excluded employees' means:--
(i) a cine-worker, who having been a member of the Fund has withdrawn the full amount of his accumulations in the Fund under Cl. (a) or Cl. (c) of sub-paragraph (1) of para. 69;
(ii) a 'cine-worker', whose wages at the time he is otherwise entitled to become a member of the Fund exceeds one thousand and six hundred rupees per month and where such remuneration is by way of a lump sum exceeding fifteen thousand rupees.
Explanation.--"Wages" means "wages" as defined in Cl. (k) of Sec. 2
The Scheme shall, in its application to an employee who is a person with disability under the Persons with Disabilities (Equal Opportunities, Protection of Right and Full Participation) Act, 1995 (1 of 1996) and under the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999) respectively, be subject to the following modifications, namely:--
(1) For clause (f) of paragraph 2, the following clause shall be substituted, namely:--
'(f) "excluded employee" means--
(i) a person with disability, who having been a member of the Fund has withdrawn the full amount of his accumulations in the Fund under clause (a) or clause (c) of sub-paragraph (1) of paragraph 69;
(ii) a person w
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