Section 5 EPF Act 1952 - Employees' Provident Funds Scheme
Section 5 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 is the enabling provision under which the Central Government frames the Employees' Provident Funds Scheme for establishments and employees covered by the Act.
Meaning and purpose of Section 5
Section 5 authorises the Central Government, by notification in the Official Gazette, to frame the Employees' Provident Funds Scheme. The provision establishes the statutory basis for creating provident funds for employees and permits the Government to specify the establishments or classes of establishments to which the Scheme applies.
The Fund created under the Act and the Scheme vests in and is administered by the Central Board constituted under Section 5A. Section 5 also connects the Scheme with the matters specified in Schedule II and permits provisions of the Scheme to operate prospectively or retrospectively from a date specified in the Scheme.
Section 5 - Employees' Provident Funds Scheme
(1) The Central Government may, by notification in the Official Gazette, frame a scheme to be called the Employees' Provident Funds Scheme for the establishment of provident funds under this Act for employees or for any class of employees and specify the establishments or class of establishments to which the said Scheme shall apply and there shall be established, as soon as may be after the framing of the Scheme, a Fund in accordance with the provisions of this Act and the Scheme.
(1A) The Fund shall vest in, and be administered by, the Central Board constituted under Section 5A.
(1B) Subject to the provisions of this Act, a Scheme framed under sub-section (1) may provide for all or any of the matters specified in Schedule II.
(2) A Scheme framed under sub-section (1) may provide that any of its provisions shall take effect either prospectively or retrospectively on such date as may be specified in this behalf in the Scheme.
Explanation of Section 5
Sub-section (1): Power to frame the EPF Scheme
The Central Government is empowered to frame the Employees' Provident Funds Scheme through an Official Gazette notification. The Scheme may cover employees or specified classes of employees and may identify the establishments or classes of establishments to which it applies.
Sub-section (1A): Administration by the Central Board
The provident fund vests in the Central Board constituted under Section 5A. The Central Board is therefore the statutory body responsible for administration of the Fund, subject to the Act and the Scheme.
Sub-section (1B): Matters covered by Schedule II
The Scheme may deal with all or any matters specified in Schedule II, subject to the Act. Schedule II therefore identifies matters on which detailed provisions may be made through the Scheme.
Sub-section (2): Prospective or retrospective operation
A provision made in the Scheme may be brought into effect prospectively or retrospectively from the date specified in the Scheme. This authority operates within the framework of the parent Act.
Employees' Provident Funds Scheme, 1952
The Employees' Provident Funds Scheme, 1952 was framed in exercise of the power conferred by Section 5. It contains the detailed statutory framework governing matters such as membership, contributions, administration, nominations, withdrawals, transfers and settlement of provident fund claims, subject to the Act and amendments in force.
Official references: For the current Scheme text, amendments and operational information, refer to the official Employees' Provident Fund Organisation and India Code resources linked in the sidebar.
This page is intended as a general legal reference. For the operative text, amendments and notifications, consult the official statutory and EPFO sources.