Section 15 EPF Act 1952 - Special Provisions Relating to Existing Provident Funds

Updated: 25 September 2026

Section 15 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 dealt with employees who were already members of an establishment's provident fund when the statutory Employees' Provident Fund Scheme became applicable. It protected accrued benefits during the transition and provided for transfer of provident fund accumulations to the statutory Fund.

Current legal status: The Code on Social Security, 2020 came into force on 21 November 2025 and repealed the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. Section 15 of the 1952 Act is therefore reproduced and explained here for historical, transitional and saved matters. Section 164 of the Code contains repeal and savings provisions, including protection for actions and benefits under the repealed enactments and transitional continuation of specified schemes to the extent stated in the Code.

Meaning and purpose of Section 15

The provision addressed the transition from an existing provident fund maintained by an establishment to the statutory provident fund framework. In simple terms, an employee's existing provident fund benefits were not intended to disappear merely because the 1952 Act became applicable. The provision first preserved those benefits pending application of the statutory Scheme and then dealt with transfer of the employee's accumulated balance when the Scheme applied.

Section 15 - Special provisions relating to existing provident funds

(1) Subject to the provisions of section 17, every employee who is a subscriber to any provident fund of an establishment to which this Act applies shall, pending the application of a Scheme to the establishment in which he is employed, continue to be entitled to the benefits accruing to him under the provident fund, and the provident fund shall continue to be maintained in the same manner and subject to the same conditions as it would have been if this Act had not been passed.

(2) On the application of any Scheme to an establishment, the accumulations in any provident fund of the establishment, standing to the credit of the employees who become members of the Fund established under the Scheme shall, notwithstanding anything to the contrary contained in any law for the time being in force or in any deed or other instrument establishing the provident fund but subject to the provisions, if any, contained in the Scheme, be transferred to the Fund established under the Scheme, and shall be credited to the accounts of the employees entitled thereto in the Fund.

Section 15(1) explained - continuation of existing benefits

Sub-section (1) operated during the period after the Act became applicable to an establishment but before the relevant statutory Scheme was applied. An employee who was already a subscriber to the establishment's provident fund continued to receive the benefits accruing under that fund. The existing fund was to continue to be maintained in the same manner and on the same conditions during that interim period.

The opening words, "subject to the provisions of section 17", connected this transitional protection with the Act's exemption provisions. Section 17 dealt with exemptions for establishments, classes of establishments and, in specified circumstances, individual employees where the statutory conditions were met.

Section 15(2) explained - transfer of accumulated provident fund balance

Once the statutory Scheme became applicable, the accumulated amount standing to the credit of employees who became members of the statutory Fund was required to be transferred to that Fund and credited to the respective employees' accounts. The sub-section contained an overriding clause applying notwithstanding anything contrary in another law, deed or instrument establishing the earlier provident fund, while remaining subject to provisions contained in the Scheme.

The Employees' Provident Funds Scheme historically contained machinery dealing with transfer of accumulations from existing provident funds. For a current matter, the applicable saving or transitional provision and the scheme presently in force should also be checked.

Relationship with Section 17

Section 15(1) expressly operated subject to Section 17. Under the 1952 Act, Section 17 was the principal exemption provision. Accordingly, the treatment of an existing provident fund could depend on whether an establishment or employee was covered by a valid exemption and on the terms governing that exemption.

Present legal position after the Code on Social Security, 2020

The Code on Social Security, 2020 consolidates social security legislation and, upon its commencement on 21 November 2025, repealed the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. Section 164 of the Code contains detailed savings. Among other things, actions taken and benefits provided under repealed enactments may continue under the corresponding provisions to the extent permitted by the savings clause, and the Code separately addresses continuation of specified EPF, pension and insurance schemes during the transition.

Practical point: For events occurring before repeal, pending proceedings, existing exemptions, accrued benefits or transfers initiated under the earlier framework, read the former Section 15 together with Section 164 of the Code on Social Security, 2020 and the applicable provident fund scheme or transitional notification.

Official legal resources

This page is intended as a legal information resource. For a pending dispute or transaction, verify the provision, commencement notification, saving clause and scheme applicable to the relevant date.