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Employee's Provident Funds Miscellaneous Provisions Act, 1952

Section 1 "Short title, extent and application"

(1) This Act may be called the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) Subject to the provisions contained in section 16, it applies

(a) to every establishment which is a factory engaged in any industry specified in Schedule I and in which [twenty] or more persons are employed, and

(b) to any other establishment employing [twenty] or more persons or class of such establishments which the Central Government may, by notification in the Official Gazette, specify in this behalf:

PROVIDED that the Central Government may, after giving not less than two months' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment employing such number of persons less than [twenty] as may be specified in the notification.

(4) Notwithstanding anything contained in sub-section (3) of this section or sub-section (1) of section 16, where it appears to the Central Provident Fund Commissioner, whether on an application made to him in this behalf or otherwise, that the employer and the majority of employees in relation to any establishment have agreed that the provisions of this Act should be made applicable to the establishment, he may, by notification in the Official Gazette, apply the provisions of this Act to that establishment on and from the date of such agreement or from any subsequent date specified in such agreement.

(5) An establishment to which this Act applies shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time falls below twenty.

Section 2 Definitions

Section 2A Establishment to include all departments and branches

Section 3 Power to apply Act to an establishment which has a common provident fund with another establishment

Section 4 Power to add to Schedule I

Section 5 Employees’ Provident Funds Scheme

Section 5A   Central Board

Section 5AA  Executive Committee

Section 5B  State Board

Section 5C  Board of Trustees to be body corporate

Section 5D  Appointment of officers

Section 5DD  Acts and proceedings of the Central Board or its Executive Committee or the State Board not to be invalidated on certain grounds

Section 5E  Delegation

Section 6  Contributions and matters which may be provided for in Schemes

Section 6A  Employees Pension Scheme

Section 6C  Employees Deposit-linked Insurance Scheme

Section 6D  Laying of Schemes before Parliament

Section 7  Modification of Scheme

Section 7A  Determination of moneys due from employers

Section 7B Review of orders passed under Section 7A

Section 7C Determination of escaped amount

Section 7D Employees’ Provident Funds Appellate Tribunal

7E Term of office

Section 7F Resignation

Section 7G Salary and allowances and other terms and conditions of service of Presiding Officer

Section 7H Staff of the Tribunal

Section 7I Appeals to the Tribunal

Section 7J Procedure of Tribunals

Section 7K Right of appellant to take assistance of legal practitioner and of Government, etc., to appoint presenting officers

Section 7L Orders of Tribunal

7M Filling up of vacancies

Section 7N Finality of orders constituting a Tribunal

Section 7O Deposit of amount due, on filing appeal

Section 7P Transfer of certain applications to Tribunals

Section 7Q Interest payable by the employer

Section 8 Mode of recovery of moneys due from employers

Section 8A Recovery of moneys by employers and contractors

Section 8B Issue of certificate to the Recovery Officer

Section 8C Recovery officer to whom certificate

Section 8D Validity of certificate, and amendment thereof

Section 8E Stay of proceedings under certificate and amendment or withdrawal thereof

Section 8F Other modes of recovery

Section 8G Application of certain provisions of Income-tax Act

Section 9 Fund to be recognised under Act 11 of 1922

Section 10 Protection against attachment

Section 11 Priority of payment of contributions over other debts

Section 12 Employer not to reduce wages, etc

Section 13 Inspectors

Section 14 Penalties

Section 14A Offences by companies

Section 14B Power to recover damages

Section 14C Power of court to make orders

Section 15 Special provisions relating to existing provident funds

Section 16 Act not to apply to certain establishments

Section 17 Power to exempt

Section 18 Protection of Action taken in good faith

Section 19 Delegation of powers

Section 20 Power of Central Government to give directions

Section 21 Power to make rules

Section 22 Power to remove difficulties

Schedule I Matters of Industry engaged in Manufacture

Schedule II matters for which provision may be made in a scheme

Schedule III matters for which provision may be made in the pension scheme

Schedule IV matters to be provided in the employees deposit linked insurance scheme

Employees Provident Fund Appellate Tribunal (Procedure) Rules 1997

 

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