act 045 of 1860 : Employees's Provident Funds and Miscellaneous Provisions (Amendment) Act, 1988

Employees's Provident Funds and Miscellaneous Provisions (Amendment) Act, 1988

ACTNO. 45 OF 1860

06 February, 1988

An Act further to amend the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and the Indian Penal Code

Be it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:

Section 1. Short title and commencement

(1) This Act may be called the Employees' Provident Funds and Miscellaneous Provisions (Amendment) Act, 1988.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.

Section 2. Amendment of Section 1

1 [Repealed]

Section 3. Amendment of Section 2

2 [Repealed]

Section 4. Amendment of Section 5-A

3 [Repealed]

Section 5. Insertion of new Section 5-AA

4 [Repealed]

Section 6. Amendment of Section 5-D

5 [Repealed]

Section 7. Insertion of new Section 5-DD

6 [Repealed]

Section 8. Amendment of Section 5-E

7 [Repealed]

Section 9. Amendment of Section 6

8 [Repealed]

Section 10. Amendment of Section 7-A

9 [Repealed]

Section 11. Insertion of new Sections 7-B to 7-Q

10 [Repealed]

Section 12. Amendment of Section 8

11 [Repealed]

Section 13. Amendment of Section 8-A

12 [Repealed]

Section 14. Insertion of new Sections 8-B to 8-G

13 [Repealed]

Section 15. Amendment of Section 10

14 [Repealed]

Section 16. Amendment of Section 11

15 [Repealed]

Section 17. Amendment of Section 13

16 [Repealed]

Section 18. Amendment of Section 14

17 [Repealed]

Section 19. Amendment of Section 14-AA

18 [Repealed]

Section 20. Amendment of Section 14-B

19 [Repealed]

Section 21. Amendment of Section 16

20 [Repealed]

Section 22. Insertion of new Section 16-A

After Section 16 of the principal Act, the following section shall be inserted, namely:

16-A. Authorising certain employers to maintain provident fund accounts. (1) The Central Government may, on an application made to it in this behalf by the employer and the majority of employees in relation to an establishment employing one hundred or more persons, authorise the employer by an order in writing, to maintain a provident fund account in relation to the establishment, subject to such terms and conditions as may be specified in the Scheme:

Provided that no authorisation shall be made under this sub-section if the employer of such establishment had committed any default in the payment of provident fund contribution or had committed any other offence under this Act during the three years immediately preceding the date of such authorisation.

(2) Where an establishment is authorised to maintain a provident fund account under sub-section (1), the employer in relation to such establishment shall maintain such account, submit such return, deposit the contribution in such manner, provide for such facilities for inspection, pay such administrative charges, and abide by such other terms and conditions, as may be specified in the Scheme.

(3) Any authorisation made under this section may be cancelled by the Central Government by order in writing if the employer fails to comply with any of the terms and conditions of the authorisation or where he commits any offence under any provision of this Act:

Provided that before cancelling the authorisation, the Central Government shall give the employer a reasonable opportunity of being heard. .

Section 23. Amendment of Section 17

21 [Repealed]

Section 24. Substitution of new sections for Section 18

22 [Repealed]

Section 25. Substitution of new sections for Section 19-A

23 [Repealed]

Section 26. Amendment of Schedule IV

24 [Repealed]

Section 27. Amendment of Act 45 of 1860

25 [Repealed]

1. Repealed by Act 30 of 2001, Section 2 and Schedule I.

2. Repealed by Act 30 of 2001, Section 2 and Schedule I.

3. Repealed by Act 30 of 2001, Section 2 and Schedule I.

4. Repealed by Act 30 of 2001, Section 2 and Schedule I.

5. Repealed by Act 30 of 2001, Section 2 and Schedule I.

6. Repealed by Act 30 of 2001, Section 2 and Schedule I.

7. Repealed by Act 30 of 2001, Section 2 and Schedule I.

8. Repealed by Act 30 of 2001, Section 2 and Schedule I.

9. Repealed by Act 30 of 2001, Section 2 and Schedule I.

10. Repealed by Act 30 of 2001, Section 2 and Schedule I.

11. Repealed by Act 30 of 2001, Section 2 and Schedule I.

12. Repealed by Act 30 of 2001, Section 2 and Schedule I.

13. Repealed by Act 30 of 2001, Section 2 and Schedule I.

14. Repealed by Act 30 of 2001, Section 2 and Schedule I.

15. Repealed by Act 30 of 2001, Section 2 and Schedule I.

16. Repealed by Act 30 of 2001, Section 2 and Schedule I.

17. Repealed by Act 30 of 2001, Section 2 and Schedule I.

18. Repealed by Act 30 of 2001, Section 2 and Schedule I.

19. Repealed by Act 30 of 2001, Section 2 and Schedule I.

20. Repealed by Act 30 of 2001, Section 2 and Schedule I.

21. Repealed by Act 30 of 2001, Section 2 and Schedule I.

22. Repealed by Act 30 of 2001, Section 2 and Schedule I.

23. Repealed by Act 30 of 2001, Section 2 and Schedule I.

24. Repealed by Act 30 of 2001, Section 2 and Schedule I.

25. Repealed by Act 30 of 2001, Section 2 and Schedule I.