(1) This Scheme may be called the Employees' Provident Funds Scheme, 1952.

(2) 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[(3)(a) Subject to the provisions of Sections 16 and 17 of the Act, this Scheme shall apply to all 4[factories and other establishments] to which the Act applies or is applied under sub-section (3) 5[or sub-section (4) of Section 1 or Section 3 thereof]:

6[Provided that the provisions of this Scheme shall not apply to

(i) [* * *]7

(ii) [* * *]8

(iii) tea factories in the State of Assam.]

(b) Provisions of this Scheme shall

9[(i) as respects every establishment which is a factory engaged in any industry mentioned herein, namely, cement, cigarettes, electrical, mechanical or general engineering products, iron and steel, paper and textiles (made wholly or in part of cotton or wool or jute or silk, whether natural or artificial) be deemed to have come into force, with effect from the 2nd day of September, 1952;]

(i-a) as respects factories relating to the industries added to Schedule I of the Act, by notification of the Government of India in the Ministry of Labour, No. S.R.O. 1566, dated the 4th July, 1956, come into force on the 31st day of July, 1956;]

10[(ii) as respects factories relating to the industries added to Schedule I of the Act by notification of the Government of India in the Ministry of Labour, No. S.R.O. 2026, dated the 3rd September, 1956, come into force on the 30th day of September, 1956;]

11[(iii) as respects factories relating to the mineral oil refining industry added to Schedule I of the Act by notification of the Government of India in the Ministry of Labour, No. S.R.O. 218, dated the 19th January, 1957, come into force on the 31st day of January, 1957;]

12[(iv) as respects plantations of tea (other than tea plantations in the State of Assam), coffee, rubber, cardamom and pepper, covered by the notification of the Government of India in the Ministry of Labour, No. S.R.O. 529, dated the 16th February, 1957, come into force on the 30th day of April, 1957;]

13[(v) as respects factories relating to the oxygen, acetylene and carbon dioxide gases industry added to Schedule I of the Act as Item (x) under the head Heavy and Fine Chemicals by the notification of the Government of India in the Ministry of Labour and Employment, No. S.R.O. 1976, dated the 15th June, 1957, come into force on the 31st day of July, 1957;]

14[(vi) as respects iron ore, limestone, manganese and gold mines, covered by the notification of the Government of India in the Ministry of Labour and Employment, No. S.R.O. 2705, dated the 24th August, 1957, come into force on the 30th day of November, 1957;]

15[(vii) as respects factories relating to the Industrial and Power Alcohol and Asbestos Cement Sheets Industries added to Schedule I of the Act by the notification of the Government of India in the Ministry of Labour and Employment, No. S.R.O. 3067, dated the 28th September, 1957, come into force on the 30th day of November, 1957;]

16[(viii) as respects coffee curing establishments covered by the notification of the Government of India in the Ministry of Labour and Employment, No. S.R.O. 3411, dated the 26th October, 1957, come into force on the 30th day of November, 1957;]

17[(ix) as respects factories relating to the biscuit making industry including composite units making biscuits and products such as bread, confectionery and milk and milk powder, added to Schedule I of the Act, vide Government of India, Ministry of Labour and Employment Notification No. G.S.R. 170, dated the 12th March, 1958, come into force on the 30th day of April, 1958;]

18[(x) as respects road motor transport establishments covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 399, dated the 24th March, 1959, come into force on the 30th day of April, 1959;]

19[(xi) as respects mica mines and mica industry covered by the notifications of the Government of India in the Ministry of Labour and Employment, Nos. G.S.R. 312 and 313, dated the 5th March, 1960, respectively, come into force on the 31st day of May, 1960;]

20[(xii) as respects factories relating to the plywood industry covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 632, dated the 30th May, 1960, come into force on the 30th day of June, 1960;]

21[(xiii) as respects factories relating to the automobile repairing and servicing industry covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 683, dated the 9th June, 1960, come into force on the 30th day of June, 1960;]

22[(xiv) as respects any cane farm owned by a sugar factory covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 1274, dated the 21st October, 1960, come into force on the 30th day of November, 1960;]

23[(xv) as respects factories relating to rice, flour and dal milling industries covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 1443, dated the 24th November, 1960, come into force on the 31st December, 1960;]

24[(xvi) as respects factories relating to the starch industry covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 535, dated the 10th April, 1961, come into force on the 31st May, 1961;]

25[(xvii) as respects hotels and restaurants covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 704, dated the 19th May, 1961, come into force on the 30th day of June, 1961;

(xviii) as respects factories relating to petroleum or natural gas exploration, prospecting, drilling or production and petroleum or natural gas refining and establishments engaged in the storage or transport or distribution of petroleum or natural gas or products of either petroleum or natural gas covered by the notifications of the Government of India in the Ministry of Labour and Employment, Nos. G.S.R. 705 and 706, dated the 16th May, 1961, respectively, come into force on the 30th day of June, 1961;]

26[(xix) as respects the establishments covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 827, dated the 19th June, 1961, come into force on the 31st day of July, 1961;]

27[(xx) as respects the establishments covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 1013, dated the 29th July, 1961, come into force on the 31st day of July, 1961;

(xxi) as respects the factories relating to the leather and leather products industry covered by the notification of the Government of India in the Ministry of Labour and Employment, G.S.R. No. 993, dated the 29th July, 1961, come into force on the 31st day of August, 1961;]

28[(xxii) as respects the factories relating to the stoneware jars and crockery industries covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 1382, dated the 4th November, 1961, come into force on the 30th day of November, 1961;]

29[(xxiii) as respects the establishments covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 1458, dated the 2nd December, 1961, but not including the establishment referred to in sub-clause (xiv) come into force on the 31st day of December, 1961;]

30[(xxiv) as respects every trading and commercial establishment engaged in the purchase, sale or storage of any goods, including establishments of exporters, importers, advertisers, commission agents and brokers, and commodity and stock exchanges, but not including banks or warehouses established under any Central or State Act, covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 346, dated the 7th March, 1962, come into force on the 30th day of April, 1962;]

31[(xxv) as respects the factories relating to the fruit and vegetable preservation industry covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 786, dated the 6th June, 1962 32[as amended by the Notification No. G.S.R. 1461, dated the 29th August, 1963], come into force on the 30th June, 1962;]

33[(xxvi) as respects the factories relating to the cashewnut industry covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 1125, dated the 18th August, 1962, come into force on the 30th September, 1962;]

34[(xxvii) as respects the establishments specified in the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 1232, dated the 7th September, 1962, come into force on the 31st October, 1962;]

35[(xxviii) as respects bauxite mines covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 1625, dated the 23rd November, 1962, come into force on the 31st December, 1962;]

36[(xxix) as respects the confectionery industry come into force on the 31st March, 1963;]

37[(xxx) as respects establishments engaged in laundry and laundry services referred to in the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 561, dated the 23rd March, 1963, come into force on the 30th April, 1963;]

38[(xxxi) as respects the industries engaged in the manufacture of buttons, brushes, plastic and plastic products and stationery products, come into force on the 30th day of April, 1963;]

39[(xxxii) as respects the establishments covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 728, dated the 20th April, 1963, come into force on the 31st day of May, 1963;]

40[(xxxiii) as respects canteens covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 1285, dated the 29th July, 1963, come into force on the 31st day of August, 1963;]

41[(xxxiv) as respects aerated water industry, that is to say, any industry engaged in the manufacture of aerated water, soft drinks, carbonated water, come into force on the 31st day of August, 1963;]

42[(xxxv) as respects distilling and rectifying of spirits (not falling under industrial and power alcohol) and blending of spirits industry come into force on the 31st day of October, 1963;]

43[(xxxvi) as respects the establishments in Pondicherry territory covered under the Employees' Provident Funds Act, 1952 (19 of 1952), by virtue of the Pondicherry (Laws) Regulation, 1963 (7 of 1963), come into force on the 31st day of October, 1963;]

44[(xxxvii) as respects the paint and varnish industry come into force on the 31st day of January, 1964;]

45[(xxxviii) as respects bone crushing industry come into force on the 31st day of January, 1964;]

46[(xxxix) as respects china-clay mines come into force on the 30th day of June, 1964;]

47[(xl) as respects pickers industry come into force on the 30th day of June, 1964;]

48[(xli) as respects the establishments in the Union Territory of Goa, Daman and Diu in which territory the Employees' Provident Funds Act, 1952 (19 of 1952), has been enforced from the 1st July, 1964 by the notification of the Government of Goa, Daman and Diu, Industries and Labour Department No. LC/6/64, dated the 24th June, 1964, come into force on the 31st day of July, 1964;]

49[(xlii) as respects the establishments specified in the notification of the Government of India in the Department of Social Security, No. G.S.R. 1398, dated the 17th September, 1964, come into force on the 31st day of October, 1964;]

50[(xliii) as respects milk and milk products industry specified in the notification of the Government of India in the Department of Social Security, No. G.S.R. 1723, dated the 27th November, 1964, come into force on the 31st day of December, 1964;]

51[(xliv) as respects (1) travel agencies engaged in the (i) booking of International Air and Sea passages and other travel arrangements, (ii) booking of internal air and mail passages and other travel arrangements, and (iii) forwarding and clearing of cargo from and to overseas and within India, and (2) forwarding agencies engaged in the collection, packing, forwarding or delivery of any goods including car loading, break-bulk service and foreign freight service specified in the notification of the Government of India in the Department of Social Security, No. G.S.R. 1796, dated the 9th December, 1964, come into force on the 31st day of January, 1965;]

52[(xlv) as respects non-ferrous metals and alloys in the form of ingots industry specified in the notification of the Government of India in the Department of Social Security, No. G.S.R. 1795, dated the 9th December, 1964, come into force on the 31st day of January, 1965;]

53[(xlvi) as respects bread industry specified in the notification of the Government of India in the Department of Social Security, No. G.S.R. 402, dated the 2nd March, 1965, come into force on the 31st day of March, 1965;]

54[(xlvii) as respects the stemming or redrying of tobacco leaf industry, that is to say, any industry engaged in the stemming, redrying, handling, sorting, grading or packing of tobacco leaf specified in the notification of the Government of India in the Department of Social Security, No. G.S.R. 768, dated the 18th May, 1965, come into force on the 30th day of June, 1965;]

55[(xlviii) as respects agarbattee (including dhoop and dhoop battee) industry specified in the notification of the Government of India in the Department of Social Security, No. G.S.R. 910, dated the 23rd June, 1965, come into force on the 31st day of July, 1965;]

56[(xlix) as respects coir (excluding the spinning sector) industry specified in the notification of the Government of India in the Department of Social Security, No. G.S.R. 952, dated the 3rd July, 1965, come into force on the 30th day of September, 1965;]

57[(l) as respects magnesite mines covered by the notification of the Government of India in the Department of Social Security, No. G.S.R. 1166, dated the 9th August, 1965, come into force on the 31st day of August, 1965;]

58[(li) as respects stone quarries producing roof and floor slabs, dimension stones, monumental stones and mosaic chips covered by the notification of the Government of India in the Department of Social Security, No. G.S.R. 1779, dated the 27th November, 1965, come into force on the 31st day of December, 1965;]

59[(lii) as respects 60[banks other than the nationalised banks established under any Central or State Act] covered by the notification of the Government of India in the Department of Social Security, No. G.S.R. 2, dated the 18th December, 1965, come into force on the 31st day of January, 1966;]

61[(liii) as respects the tobacco industry, that is to say, any industry engaged in the manufacture of cigars, zarda, snuff, quivam and guraku from tobacco covered by the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 895, dated the 1st June, 1966, come into force on the 30th day of June, 1966;]

62[(liv) as respects paper products industry covered by the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 1119, dated the 11th July, 1966, come into force on the 31st day of July, 1966;]

63[(lv) as respects licensed salt industry covered by the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 1362, dated 30th August, 1966, come into force on the 30th day of September, 1966;]

64[(lvi) as respects linoleum and indoleum industries specified in the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 437, dated the 27th March, 1967, come into force on the 30th day of April, 1967;]

65[(lvii) as respects explosives industry, come into force on the 31st day of July, 1967;]

66[(lviii) as respects jute baling or pressing industry specified in the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 1226, dated the 5th August, 1967, come into force on the 31st day of August, 1967;]

67[(lix) as respects fireworks and percussion cap works industry specified in the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 1530, dated the 5th October, 1967, come into force on the 31st day of October, 1967;]

68[(lx) as respects tent making industry specified in the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 1716, dated the 3rd November, 1967, come into force on the 30th day of November, 1967;]

69[(lxi) as respects the barytes, dolomite, fireclay, gypsum, kyanite, silliminite and steatite mines come into force on the 31st day of August, 1968;]

70[(lxii) as respects Cinchona plantations come into force on the 31st day of December, 1968;]

71[(lxiii) as respects ferro-manganese industry come into force on the 30th day of April, 1969;]

72[(lxiv) as respects ice or ice-cream industry come into force on the 30th day of June, 1969;]

73[(lxv) as respects diamond mines come into force on the 30th day of June, 1969;]

74[(lxvi) as respects establishments which are exclusively or principally engaged in general insurance business come into force on the 31st day of January, 1970;]

75[(lxvii) as respects establishments rendering expert services come into force on the 1st day of May, 1971;]

76[(lxviii) as respects factories engaged in the winding of thread and yarn reeling covered by the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 1988, dated the 22nd November, 1971, come into force on the 30th day of November, 1971;]

77[(lxix) as respects Railway Booking Agencies run by the contractors or by other private establishments on commission basis specified in the notification of the Government of India in the Department of Labour and Employment, No. 4/3/65-PF-II (i), dated the 17th March, 1972, come into force on the 31st day of March, 1972;]

78[(lxx) as respects cotton ginning, baling and pressing industry, specified in the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 1251, dated the 23rd September, 1972, come into force on the 30th day of September, 1972;]

79[(lxxi) as respects messes other than military messes covered by the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 299, dated the 24th March, 1973, come into force on the 31st March, 1973;]

(lxxii) [* * *]80

81[(lxxiii) as respects factories relating to katha making industry covered by the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 503, dated the 2nd May, 1973, come into force on the 31st day of May, 1973;]

82[(lxxiv) as respects the establishments known as hospitals specified in the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 1082, dated the 29th September, 1973, come into force on the 31st August, 1973;]

83[(lxxv) as respects the employees of the beer manufacturing industry, that is to say, any industry engaged in the manufacture of the product of alcoholic fermentation of a mash in potable water of malted barley and hops, or of hops concentrated with or without the addition of other malted or unmalted cereals or other carbohydrate preparations, specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 428, dated the 27th April, 1974, come into force on the 30th April, 1974;]

84[(lxxvi) as respects the establishments engaged in sorting, cleaning and testing of cotton waste specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 1094, dated the 26th September, 1974, come into force on the 30th day of September, 1974;]

85[(lxxvii) as respects societies, clubs, or associations which render service to their members without charging any fee over and above the subscription fee or membership fee specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 1294, dated 16th November, 1974, come into force on the 30th day of November, 1974;]

86[(lxxviii) as respects every garments making factory specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 1295, dated 23rd November, 1974, come into force on the 13th day of November, 1974;]

87[(lxxix) as respects the Agricultural Farms, Fruit Orchards, Botanical Gardens and Zoological Gardens specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 1315, dated 27th November, 1974, come into force on the 31st day of December, 1974;]

88[(lxxx) as respects soapstone mines and establishments engaged in the grinding of soapstone covered by the notification of the Government of India in the Ministry of Labour, S.O. 1955, dated the 21st June, 1975, come into force on the 30th June, 1975;]

89[(lxxxi) as respects the apatite, asbestos, calcite, ball clay, corundum, emerald, feldspar, silica (sand), quartz, ochre, chromite, graphite and flourite mines covered by the notification of the Government of India in the Ministry of Labour, No. G.S.R. 1102, dated the 24th July, 1976 come into force on the 30th September, 1976;]

90[(lxxxii) as respects,

(1) establishments which are factories engaged in the manufacture of glue and gelatine,

(2) stone quarries producing stone chips, stone sets, stone boulders and ballasts, and

(3) establishments engaged in fish processing and non-vegetable food preservation industry including bacon factories and pork preservation plants,

covered by the notification of the Government of India in the Ministry of Labour, No. G.S.R. 204, dated the 31st January, 1977, come into force on the 28th February, 1977;]

91[(lxxxiii) as respects the beedi industry, that is to say, any industry engaged in the manufacture of beedis, specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 660, dated the 17th May, 1977, come into force on the 31st May, 1977;]

92[(lxxxiv) as respects the financing establishments (other than banks) engaged in the activities of borrowing, lending, advancing of money and dealing with other monetary transactions with a view to earn interest not being the Unit Trust of India established under the Unit Trust of India Act, 1963 (52 of 1963), the Agricultural Re-finance Corporation established under the Agricultural Re-finance Corporation Act, 1963 (10 of 1963), the Industrial Development Bank of India established under the Industrial Development Bank of India Act, 1964 (18 of 1964), the Industrial Finance Corporation of India established under the Industrial Finance Corporation Act, 1948 (15 of 1948) and State Finance Corporations established under the State Finance Corporation Acts specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 1458, dated the 18th November, 1978 come into force on the 31st day of December, 1978;]

93[(lxxxv) as respects lignite mines specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 31, dated the 16th December, 1978 come into force on the 6th January 1979;]

94[(lxxxvi) as respects the Ferro Chrome Industry, that is to say, any industry engaged in the manufacture of Ferro Chrome, specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 938, dated the 25th June, 1978 come into force on the 31st July, 1979;]

95[(lxxxvii) as respects the Diamond Cutting Industry, that is to say, any industry engaged in the cutting of diamond, specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 564, dated the 17th May, 1980 come into force on the 31st May, 1980;]

(lxxxviii) as respects the quartzite mines covered by the notification of the Government of India in the Ministry of Labour, No. G.S.R. 563, dated the 17th May, 1980, come into force on the 31st May, 1980;

(lxxxix) as respects the inland water transport establishments, that is to say, any establishment engaged in the activities of inland water transport specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 565, dated the 17th May, 1980 come into force on the 31st May, 1980;

96[(xc) as respects the establishments engaged in Building and Construction Industry specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 1069, dated the 11th October, 1980 come into force on the 31st October, 1980;]

97[(xci) as respects factories relating to the Myrobalan Extract Power, Myrobalan Extract Solid and Vegetable Tannin Blended Extract Industries, specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 613(E), dated the 30th October, 1980 come into force on the 31st October, 1980;]

98[(xcii) as respects the Brick Industry, that is to say, any industry engaged in the manufacture of Bricks, specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 662(E), dated the 27th November, 1980, come into force on the 30th November, 1980;]

99[(xciii) as respects the establishments engaged in stevedoring, loading and unloading of ships specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 611(E), dated the 23rd November, 1981, published in Part II, Section 3, sub-section (i) of the Gazette of India, Extraordinary, dated the 23rd November, 1981;]

100[(xciv) as respects establishments engaged in poultry farming specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 643(E), dated the 7th December, 1981, published at page 1834 in Part II, Section 3, sub-section (i) of the Gazette of India, Extra., dated the 7th December, 1981;]

(xcv) as respects the establishments engaged in Cattle Feed Industry specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 644(E), dated the 7th December, 1981, published at page 1834 in Part II, Section 3, sub-section (i) of the Gazette of India, Extra., dated the 7th December, 1981;

101[(xcvi) as respects the educational, scientific, research and training institutions specified in the notification of the Government of India in the Ministry of Labour, No. S.O. 986, dated the 19th February, 1981, published in Part II, Section 3, sub-section (ii) of the Gazette of India, dated 6th March, 1982;]

102[(xcvii) as respects the industries based on asbestos as principal raw material specified in the notification of the Government of India in the Ministry of Labour and Rehabilitation, No. S.O. 2459, dated the 21st May, 1983, published in Part II, Section 3, sub-section (ii) of the Gazette of India, dated the 4th June, 1983;]

103[(xcviii) as respects the cinema theatres employing 5 or more workers as specified in Section 24 of the Cine-Workers and Cinema Theatre Workers' (Regulation of Employment) Act, 1981 (50 of 1981) be deemed to have come into force with effect from the 1st day of October, 1984;]

104[(xcix) as respects the Iron ore pellets Industry as specified in the notification of the Government of India in the Ministry of Labour, No. S.O. 2276, dated 30th August, 1989, published in Part II, Section 3, sub-section (ii) of the Gazette of India, dated 16th September, 1989;]

105[(xcx) as respects the establishments engaged in Guar Gum Factories, Marble Mines and Diamond Saw Mills specified in the notification of the Government of India, in the Ministry of Labour, No. G.S.R. 170, dated the 25th March, 1992, published in Part II, Section 3, sub-section (ii) of the Gazette of India, dated April 11, 1992.]

106[(ci) as respects the establishments engaged in rendering

(i) courier services;

(ii) aircraft or airlines other than the aircraft or airlines owned or controlled by the Central or State Government, and

(iii) cleaning and sweeping services, specified in the notification of Government of India in the Ministry of Labour, No. S.O. 746, dated 22nd March, 2001 published in Part II, Section 3, sub-section (ii) of the Gazette of India, dated 7th April, 2001, come into force with effect from 1st April, 2001.]

107[(iv) With respect to the establishments engaged in Railways for construction, maintenance, operation and commercial activities of Railways, excluding Indian Railways exclusively managed by Government of India whose employees are in enjoyment of the Provident Fund, Pension and other retiral benefits under the rules made by the Central Government; specified in notification of the Government of India in the Ministry of Labour and Employment, G.S.R. 401, dated 10-11-2005 published in Part II of Section 3, sub-section (i) of the Gazette of India dated 19-11-2005 comes into force from the date of publication.]

In this Scheme, unless the context otherwise requires

(a) Act means the Employees' Provident Funds [and Family Pension Fund]108 Act, 1952 (19 of 1952);

(b) 109[* * *]

(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 recognised;

110[(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 illegal, or cessation of work not due to the employee's fault;

(f) excluded employee means

111[(i) an employee who, having been a Member of the Fund, withdrew the full amount of his accumulations in the Fund under 112[clause (a) or (c) of] sub-paragraph (1) of Paragraph 69;]

113[(ii) an employee whose pay at the time he is otherwise entitled to become a Member of the Fund, exceeds 114[fifteen thousand rupees] per month;

Explanation. Pay includes basic wages with dearness allowance, 115[retaining allowance (if any)] and cash value of food concessions admissible thereon;]

116[* * *]

117[(iv) an apprentice;

Explanation. An apprentice means a person who, according to the certified standing orders applicable to the factory or establishment, is an apprentice, or who is declared to be an apprentice by the authority specified in this behalf by the appropriate Government;]

(g) family means

(i) 118[in the case of a male member, his wife, his children, whether married or unmarried, his dependant parents and his deceased son's widow and children:]

Provided that if a Member proves that his wife has ceased, under the personal law governing him or the customary law of the community to which the spouses belong, to be entitled to maintenance she shall no longer be deemed to be a part of the member's family for the purpose of this Scheme, unless the Member subsequently intimates by express notice in writing to the Commissioner that she shall continue to be so regarded; and

(ii) 119[in the case of a female member, her husband, her children, whether married or unmarried, her dependant parents, her husband's dependant parents and her deceased son's widow and children:]

Provided that if a Member by notice in writing to the Commissioner expresses her desire to exclude her husband from the family, the husband and his dependant parents shall no longer be deemed to be a part of the member's family for the purpose of this Scheme, unless the Member subsequently cancels in writing any such notice;

Explanation. In either of the above two cases, if the child of a Member 120[or, as the case may be, the child of a deceased son of the Member] has been adopted by another person and if, under the personal law of the adopter, adoption is legally recognised such a child shall be considered as excluded from the family of the Member;

(h) financial year means the year commencing on the first day of April;

(i) Government Security shall have the meaning assigned to it in the Public Debt Act, 1944 (18 of 1944);

(j) Inspector means a person appointed as such under Section 13 of the Act;

(k) quarter means a period of three months commencing on the first day of January, the first day of April, the first day of July and the first day of October of each year;

121[(kk) seasonal factory means a factory which is exclusively engaged in the manufacture of tea, sugar, rubber, 122[turpentine, rosin], 123[indigo], 124[lac, fruit and vegetable preservation industry, rice milling industry, dal milling industry], 125[cashewnut industry], 126[stemming or re-drying of tobacco leaf industry, tiles industry, hosiery industry], 127[oil milling industry], 128[licensed salt industry], 129[jute baling or pressing industry], 130[fireworks and percussion cap works industry, ice or ice-cream industry or cotton ginning, baling and pressing industry;]

131[(kkk) seasonal establishment means a plantation of tea, coffee, rubber, cardamom, pepper, 132[a coffee curing establishment, a fire-clay mine or a gypsum mine];]

(l) Trustee means a Member of a Board of Trustees; and

(m) all other words and expressions shall have the meaning respectively assigned to them in the Act.

133[BOARD OF TRUSTEES, EXECUTIVE COMMITTEE AND REGIONAL COMMITTEES]

134[(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 5-AA 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 so proposed and seconded in relation to the category of employers or employees, shall be declared elected to the Executive Committee.

(4) If the number of persons proposed and seconded for election under sub-paragraph (2) exceeds the number of vacancies to be filled up from amongst the persons representing the employers or, as the case may be, the employees, each Member of the Board present at the meeting shall be given a ballot paper containing the names of all the candidates so proposed and seconded and he may record his votes thereon for as many candidates belonging to the categories of employers or employees as there are vacancies to be filled up in relation to each such category, but not more than one vote shall be given in favour of any one candidate. If any Member votes for more candidates than the number of vacancies in relation to the categories of employers or employees or gives more than one vote in favour of any one candidate, all his votes shall be deemed to be invalid.

(5) The person getting the highest number of votes shall be declared by the Chairman as duly elected to the Executive Committee at the same meeting or as soon thereafter as possible:

Provided that where there is an equality of votes between any candidates, and the addition of one vote will entitle any of the candidates to be declared elected, such candidate shall be selected by lot to be drawn in the presence of the Chairman in such manner as he may determine.

(6) If any question arises as to the validity of any election, it shall be referred to the Central Government, who shall decide the same.]

(1) Until such time as a State Board is constituted for a State, the 135[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 136[appointed] by the 137[Chairman of the Central Board];

(b) two persons 138[appointed] by the 139[Chairman of the Central Board] on the recommendation of the State Government;

(c) 140[two persons] representing employers in the 141[industries or establishments] to which this Scheme applies in the State [appointed by the Chairman of the Central Board]142 in consultation with such organisations of employers in the State as may be recognised for the purpose by the Central Government;

(d) 143[two persons] representing employees in the 144[industries or establishments] to which this Scheme applies in the State [appointed by the Chairman of the Central Board]145 in consultation with such organisations of employees in the State as may be recognised for the purpose by the Central Government; 146[and

(e) the non-official members of the Central Board ordinarily resident in the State:]

147[Provided that where the Chairman of the Central Board considers it expedient so to do, he may appoint up to 148[five] additional representatives of the employers or, as the case may be, the employees.]

149[(2) A Regional Committee shall advise the Central Board

(i) on such matters as the Central Board may refer to it from time to time;

(ii) generally on all matters connected with the administration of the Scheme in the State and, in particular, on

(a) progress of recovery of provident fund contributions and other charges,

(b) expeditious disposal of prosecutions,

(c) speedy settlement of claims,

(d) annual rendering of accounts to members of the Fund, and

(e) speedy sanction of advances.]

(3) As soon as a State Board is constituted for any State, the Regional Committee constituted for that State under this paragraph shall stand dissolved.

150[151[(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 5-A 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 5-AA shall be two years and six months commencing on and from the date on which their appointment is notified in the Official Gazette.

(2-A) The term of office of the Chairman and every Member of a Regional Committee referred to in clauses (b), (c) and (d) of sub-paragraph (1) of Paragraph 4 shall be three years commencing on and from the date on which their appointment is notified in the Official Gazette.

(2-B) Notwithstanding anything contained in sub-paragraphs (1), (2) and (2-A) every Trustee or Member shall continue to hold office until the appointment of his successor is notified in the Official Gazette:

Provided that a Member of the Executive Committee shall cease to hold office when he ceases to be a Member of the Central Board.]

(3) A Trustee or a Member referred to in 152[sub-paragraphs (1), (2) and (2-A)] appointed to fill a casual vacancy shall hold office for the remaining period of the term of office of the Trustee or Member in whose place he is appointed and shall continue to hold office on the expiry of the term of office until the appointment of his successor is notified in the Official Gazette.

153[(4) An outgoing Trustee or Member shall be eligible for re-appointment as member of the Central Board or the Regional Committee, as the case may be, for a maximum of not more than two terms:

Provided that the limitation mentioned above shall not apply to an official trustee or member:

Provided further that a non-official member who has already completed two or more terms of the Central Board or the Regional Committee, as the case may be, may continue his present term subject to the provisions of the Scheme.]]

A Trustee of the Central Board or a Member of 154[the Executive Committee] may resign his office in writing by letter, addressed to the Central Government and his office shall fall vacant from the date on which his resignation is accepted by the Central Government.

155[A Member of a Regional Committee may resign his office in writing by a letter, 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 156[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:

157[Provided that the Central Government in the case of the Central Board 158[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 an undischarged insolvent; or

(iii) if before or after the commencement of the Act he has been convicted of an offence involving moral turpitude; 159[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.]

160[(2) If any question arises whether any person is disqualified under sub-paragraph (1), it shall be referred to the Central Government and the decision of the Central Government on any such question shall be final.]

161[162[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 represents, of making any representation against the proposed action.]

(1) Before a non-official Trustee or a Member of a Regional Committee, leaves India

(a) he shall intimate to the Chairman of the 163[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 164[Central Board] or of the Regional Committee, as the case may be, he shall be deemed to have resigned from the 165[Central Board] or the Committee.

(1) 166[The Central Board] of Trustees 167[or the Executive Committee] or a Regional Committee shall, subject to the provisions of Paragraph 12, meet at such place and time as may be appointed by the Chairman:

168[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 169[Central Board] 170[or the Executive Committee] and not less than three members excluding the Chairman in the case of 171[a Regional Committee], call a meeting thereof.

Notice of not less than 15 days from the date of posting, containing the date, time 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]172 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.

173[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.]

174[(1) No business shall be transacted at a meeting of the 175[Central Board] 176[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 5-A of the Act;

177[(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 5-AA of the Act;]

(b) in the case of a Regional Committee, at least one shall be from among those 178[appointed] under clause (c) and at least one from among those 179[appointed] under clause (d) of sub-paragraph (1) of Paragraph 4.

(2) If at any meeting the number of trustees or members of 180[the Executive Committee or] a Regional Committee is less than the required quorum, the Chairman shall adjourn the meeting to a date not later than seven days from the date of the original meeting informing the trustees or members of 181[the Executive Committee or] the Regional Committee, as the case may be, of the date, time and place of the adjourned meeting and it shall thereupon be lawful to dispose of the business at such adjourned meeting irrespective of the number of trustees or members of 182[the Executive Committee or] the Regional Committee present.]

183[14-A. Nomination of a substitute during the absence of a Trustee/Member of the Central Board/Regional Committee. (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 184[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 received by the Chairman of the Central Board or the Regional Committee, as the case may be, 185[* * *] before the date fixed for the meeting.

(2) A substitute validly appointed under sub-paragraph (1) shall have all the rights and powers of a Trustee or a Member, in relation to the meeting of the Central Board or the Regional Committee, in respect of which he is appointed and shall receive allowances and be under obligations as if he were a Trustee or a Member appointed under the Act and the Scheme respectively.

(3) A Trustee or a Member appointing a substitute for attending any meeting of the Central Board or the Regional Committee, as the case may be, shall, notwithstanding anything contained in this paragraph, continue to be liable for the misappropriation or misapplication of the Fund by the substitute and shall also be liable for any act of misfeasance or non-feasance committed in relation to the Fund by the substitute appointed by him.]

Every question considered at a meeting of the 186[Central Board] 187[or the Executive Committee] or a Regional Committee shall be decided by a majority of the votes of 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 fit, direct that any question shall be decided by the circulation of necessary papers to trustees or 188[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 are equally divided, the opinion of the Chairman shall prevail:

Provided further that any trustee or member of 189[the Executive Committee or] a Regional Committee may request that the question referred to trustees or 190[members of the Executive Committee or a Regional Committee], as the case may be, for written opinion be considered at a meeting of the 191[Central Board] 192[or the Executive Committee] or a Regional Committee and thereupon the Chairman may, and if the request is made by not less than three trustees or 193[members of the Executive Committee or a Regional Committee], shall direct that it be so considered.

(1) The minutes of a meeting of the 194[Central Board] 195[or the Executive Committee] or a Regional Committee showing inter alia the names of the trustees or members of the 196[Executive Committee or a Regional Committee] present thereat shall be circulated to all trustees or members of the 197[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 a 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 confirmation with such modifications, if any, as may be considered necessary at the next meeting.

198[No act or proceeding of [* * *]200 a Regional Committee shall be deemed to be invalid by reason merely of any vacancy in or any defect in the constitution of [* * *]201 the Regional Committee [* * *]202.]

(1) The 203[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.

204[(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 incurred by him on conveyance, subject to the maximum of 205[rupees one hundred and fifty for each day for travel within the city];

(B) a non-official Trustee or Member not residing at the place where a meeting is held, shall be allowed,

(a) actual expenditure incurred by him on air journey by economy 206[* * *] class;

(b) actual expenditure incurred by him on single return journey fare by rail 207[by first Air-conditioned class or] by 2nd A.C. two-tier sleeper or First Class, as the case may be;

(c) actual fare or expenditure incurred by him on road journey by taxi or own car or auto-rickshaw or bus (other than an air-conditioned bus) but not exceeding the rates notified by the concerned Director of Transport for journey by taxi or auto-rickshaw. When the journey is performed between places connected by rail, the fare will be limited to what would have been admissible to the Trustee or Member under clause (b) of this item.

(ii) Daily allowance,

(A) a non-official Trustee or Member residing at a place where a meeting is held shall not be entitled to any daily allowance;

208[(B) a non-official Trustee or a Member not residing at the place where a meeting is held shall be paid Rs 1500 per day if the Member stays in a hotel, and, not exceeding Rs 200 per day as expenses towards food]:

Provided that the daily allowance shall be calculated for attending the meeting for the entire absence from the normal place of residence of the non-official Trustee or Member on calendar day basis i.e. midnight to midnight as under:

For absence not exceeding 6 hoursNil

For absence exceeding 6 hours but not exceeding 12 hours70%

For absence exceeding 12 hours100%]

(3) Where such Trustee or Member being a Member of a State Legislature attends a meeting of the Central Board or 209[the Executive Committee or] the Regional Committee, as the case may be, he shall be entitled

(i) when the State Legislature is not in session, to such travelling and daily allowances as are admissible to Grade I Officers of the State Government; and

(ii) when the State Legislature is in session to such travelling and daily allowances as are admissible to the members of that Legislature for attending meetings of the Legislature.

(4) Where such Trustee or Member being a Member of either House of Parliament attends a meeting of the Central Board or 210[the Executive Committee or], the Regional Committee, as the case may be, he shall be entitled to such travelling and daily allowances as may be admissible to him under the rules laid down by the Central Government on the subject from time to time:

211[Provided that when a Minister is appointed as Chairman or Member of the Board or of 212[the Executive Committee or of the Regional Committee], and attends a meeting of such Central Board or 213[the Executive Committee or] Regional Committee, as the case may be, his travelling and daily allowance 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.]

(5) 214[* * *]

Explanation I. No daily or travelling allowance in respect of any day or journey, as the case may be, shall be claimed under this paragraph by a Trustee or Member of 215[the Executive Committee or] a Regional Committee if he has drawn or will draw allowance for the same from his employer or as a Member of any Legislature or of any Committee or Conference constituted or convened by Government and no travelling allowance shall be claimed if he uses a means of transport provided at the expense of Government or his employer.

Explanation II. 216[* * *].

APPOINTMENT AND POWERS OF COMMISSIONER AND OTHER STAFF OF BOARD OF TRUSTEES

217[The Central Provident Fund Commissioner and the Financial Advisor and Chief Accounts Officer shall not undertake any work unconnected with their office without the previous sanction of the Central Government.]

20. 218[Omitted].

219[The Central Board may, 220[* * *], 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.]

221[222[(1) The Central Provident Fund Commissioner shall be the Secretary of the Central Board and of the Executive Committee. The Additional Central Provident Fund Commissioner in charge of a State shall be Secretary of the Regional Committee of the State or Union Territory where the State has more than one Regional Office in existence. Where the State has only one Regional Office, the Regional Provident Fund Commissioner in charge of the Region shall be the Secretary of the Regional Committee of the State or Union Territory within his jurisdiction.]

(2) The Secretary to the Central Board or 223[the Executive Committee or] a Regional Committee shall, in consultation with the Chairman, convene meetings of the Central Board or 224[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 225[the Executive Committee or] the Regional Committee, as the case may be.]

S.O. 2764, dated 3rd July, 1969. In exercise of the powers conferred by sub-paragraph (1) of Paragraph 22 of the Employees' Provident Funds Scheme, 1952, the Central Government hereby appoints the Central Provident Fund Commissioner, Employees' Provident Fund, as the Secretary to the Central Board of Trustees set up under the notification of the Government of India in the late Department of Social Security No. S.O. 1156, dated the 1st April, 1965.

226[22-A. Appointment of officers and employees of the Central Board. The power of appointment vested in the Central Board under sub-section (3) of Section 5-D of the Act shall be exercised by the Board in relation to posts carrying the maximum scale of pay of Rs 227[14300-18300].]

228[References relating to all appointments of officers of the 229[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.]

230[(1) A Commissioner may, without reference to the Central Board, sanction expenditure on contingencies, supplies and services and purchases 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 [* * *]231.

(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 [* * *]232.

(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 statement of such delegation shall be placed before the next meeting of the Central Board for information.]

233[24-A. Delegation of power by the Central Board. 234[(1) The Central Board [* * *]235, 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 5-D 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 sanction of the expenditure.]

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.

MEMBERSHIP OF THE FUND

236[(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:

Provided that where the Scheme applies to a factory or other establishment on the expiry or cancellation of an order of exemption under Section 17 of the Act, every employee who but for the exemption would have become and continued as a Member of the Fund, shall become a Member of the Fund forthwith.

(2) After this paragraph comes into force in a factory or other establishment, every employee employed in or in connection with the work of that factory or establishment, other than an excluded employee, who has not become a Member already shall also be entitled and required to become a Member of the Fund from the date of joining the factory or establishment.

(3) An excluded employee employed in or in connection with the work of a factory or other establishment to which this scheme applies shall, on ceasing to be such an employee, be entitled and required to become a Member of the Fund from the date he ceased to be such employee.

(4) On re-election of an employee or a class of employees exempted under Paragraph 27 or Paragraph 27-A to join the Fund or on the expiry or cancellation of an order under that paragraph, every employee, shall forthwith become a Member thereof.

(5) Every employee who is a Member of a private provident fund maintained in respect of an exempted factory or other establishment and who but for exemption would have become and continued as a Member of the Fund shall, on joining a factory or other establishment to which this scheme applies, become a Member of the Fund forthwith.

(6) Notwithstanding anything contained in this paragraph 237[an officer not below the rank of an Assistant Provident Fund Commissioner] may, on the joint request in writing of any employee of a factory or other establishment to which this Scheme applies and his employer, enrol such employee as a Member or allow him to contribute on more than 238[fifteen thousand rupees] of his pay per month if he is already a Member of the Fund and thereupon such employee shall be entitled to the benefits and shall be subject to the conditions of the Fund, provided that the employer gives an undertaking in writing that he shall pay the administrative charges payable and shall comply with all statutory provisions in respect of such employee.]

26-A. Retention of membership. (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 a notification of exemption under Section 17 of the Act or an order of exemption under Paragraph 27 or Paragraph 27-A.

Explanation. 239[* * *]

(2) Every Member employed as an employee other than an excluded employee, in a factory or other establishment to which the Scheme applies, shall contribute to the Fund, and the contribution shall also be payable to the Fund in respect of him by the employer. Such contribution shall be in accordance with the rate specified in Paragraph 29:

Provided that subject to the provisions contained in sub-paragraph (6) of Paragraph 26 and 240[in Paragraph 27], or sub-paragraph (1) of Paragraph 27-A, where the monthly pay of such a Member exceeds 241[fifteen thousand rupees], the contribution payable by him, and in respect of him by the employer, shall be limited to the amounts payable on a monthly pay of 242[fifteen thousand rupees] including 243[dearness allowance, retaining allowance (if any) and] cash value of food concession.

244[26-B. Resolution of doubts. If any question arises as to whether an employees is entitled to, or required to become, or continue as, a member, or as to the date from which he is so entitled or required to become a member, the same shall be referred to the Regional Provident Fund Commissioner who shall decide the same:

Provided that both the employer and the employee shall be heard before passing any order in the matter.]

245[(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 the 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 benefit 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) Where 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 Central Government may direct:

246[Provided that above mentioned returns shall be submitted by the employer in electronic format also, in such form and manner as may be specified by the Commissioner.]

(3) An employee exempted under sub-paragraph (1) may by an application to the Commissioner make a declaration that he shall become a Member of the Fund.

(4) No employee shall be granted exemption or permitted to apply out of exemption more than once on each account.]

247[27-A. Exemption of a class of employees. (1) 248[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 249[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 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 Government may direct:

250[Provided that above mentioned returns shall be submitted by the employer in electronic format also, in such form and manner as may be specified by the Commissioner.]

(3) A class of employees exempted under sub-paragraph (1) or the majority of employees constituting such class may by an application to the Commissioner make a declaration that the class of employees shall become Members of the Fund.

(4) No class of employees shall be granted exemption or permitted to apply out of exemption more than once on each account.

(5) The provisions of this paragraph shall be deemed to have come into force with effect from 14th October, 1953.]

251[27-AA. Terms and conditions of exemption. 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 A252.]

(1) Every authority in charge of, or entrusted with the management of, any Provident Fund in existence 253[* * *], the accumulations wherein are to be transferred to the Fund under sub-section (2) of Section 15 of the Act, 254[or sub-section (5) of Section 17 thereof, as the case may be] shall, [* * *]255,

(i) send to the 256[* * *] 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 257[within twenty-five days of the application of the Scheme, or cancellation of the 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 258[within ten days of the application of the Scheme, or cancellation of exemption, as the case may be, in case of liquid cash in bank and within thirty days in case of securities]; and

(iii) transfer to the 259[Central Board] all pass-books, books of account and other documents relating to the said accumulations.

(2) All accumulations standing to the credit of the subscribers, howsoever invested, shall be transferred to the Fund by the authority aforesaid in cash:

260[Provided that where the whole or any part of such accumulations consists of investments in Government securities 261[or in securities guaranteed by appropriate Government as regards repayment of principal and payment of interest or in both] the authority making the transfer to the Fund shall transfer those securities at the price for which they were actually purchased or transfer a sum equivalent to such price. In case, however, the whole or any part of such accumulations is invested in National Savings Certificates or National Plan Savings Certificates, the appreciated value of such certificates at the time of the transfer will be taken into account in determining the amount of the accumulations to be transferred, provided that the difference between the face-value of such certificate and their appreciated value at the time of the transfer has already been credited to the accounts of the subscribers:]

262[Provided further that where the whole or any part of such accumulations consists of investments in 263[securities bearing no guarantee of an appropriate Government as regards repayment of principal and payment of interest] the Central Government may, in exceptional cases, allow acceptance of the transfer of such securities from the authority making the transfer to the Fund at the price for which they were actually purchased.]

Explanation. The total amount of provident fund accumulations includes interest thereon and the authority in charge of the Fund shall transfer in cash any balance of interest on investments which happens to be undistributed on the date of the transfer, or realised or realisable for the period prior to the registration of the securities in the name of the Central Board of Trustees, Employees' Provident Fund.

(3) Any cash transferred under sub-paragraph (2) shall be deposited in any office or branch of the Reserve Bank of India or the 264[State] Bank of India to the credit of the Central Board, and the receipt obtained in respect thereof shall be forwarded to the 265[* * *] Commissioner:

Provided that where there is no office or branch of either of the two Banks at the place where the 266[factory or other establishment] is situated the amount shall be credited to the Central Board by means of a Reserve Bank of India 267[Governmental draft at par].

(4) The accumulations transferred to the Fund in accordance with this paragraph shall be credited to the account of each of the members of the Fund, to the extent to which he may be entitled thereto having regard to the statement furnished by the authority aforesaid.

(5) When the accumulations in any such Provident Fund as is referred to in sub-paragraph (1) have been so transferred to the Fund, the 268[* * *] Commissioner may, by notification in the Gazette of India, declare that the subscribers of such Provident Fund have now become members of the Fund and that the accumulations aforesaid have now become vested in the Central Board.

CONTRIBUTIONS

269[(1) The contributions payable by the employer under the Scheme shall be at the rate of [ten per cent]270 of the 271[basic wages, dearness allowance (including the cash value of any food concessions) and retaining allowance (if any)] payable to each employee to whom the Scheme applies:

272[Provided that the above rate of contribution shall be [twelve per cent]273 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:

274[Provided that in respect of any employee to whom the Scheme applies, the contribution payable by him may, if he so desires, be an amount exceeding [ten per cent]275 or [twelve per cent]276, as the case may be, of his basic wages, dearness allowance and retaining allowance (if any) subject to the condition that the employer shall not be under an obligation to pay any contribution over and above his contribution payable under the Act.]

(3) The contributions shall be calculated on the basis of the 277[basic wages, dearness allowance (including the cash value of any food concession) and retaining allowance (if any)] actually drawn during the whole month whether paid on daily, weekly, fortnightly or monthly basis.]

278[(4) Each contribution shall be calculated to 279[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.]]

280[(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 the 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 [* * *]281.

(3) It shall be the responsibility of the principal employer to pay both the contribution payable by himself in respect of the employees directly employed by him and also in respect of the employees employed by or through a contractor and also administrative charges [* * *]282.]

283[Explanation. For the purposes of this paragraph the expression administrative charges means 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, in consultation with the Central Board and having regard to the resources of the Fund for meeting its normal administrative expenses fix.284]

Noti. No. S.O. 2011(E), dated May 21, 2018. In exercise of the powers conferred by the Explanation to Paragraph 30 read with Paragraph 39 of the Employees' Provident Funds Scheme, 1952, and in supersession of the notification of the Government of India in the Ministry of Labour and Employment, published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (ii), vide number S.O. 827(E), dated the 15th March, 2017, except as respects things done or omitted to be done before such supersession, the Central Government, after consulting the Central Board and having regard to the resources of the Employees' Provident Fund available for meeting its normal administrative expenses, hereby fixes the administrative charges payable by the employer for the purposes of Paragraph 30 and sub-paragraph (1) of Paragraph 38 of the said Scheme with effect from 1st June, 2018 at 0.50 per cent (zero point five zero per cent) of the pay as referred to in the said paragraphs subject to a minimum sum of seventy five rupees per month for every non-functional establishment having no contributory member and five hundred rupees per month per establishment for other establishments.

2. For the removal of doubts, it is hereby notified that nothing contained in this notification shall affect the administrative charges payable in respect of the period up to and inclusive of the 31st May, 2018 in respect of which the notification referred to in Paragraph 1 herein shall continue to apply as if the same had not been superseded.

S.O. 443(E), dated February 10, 2016. In exercise of the powers conferred by the Explanation to Paragraph 30 read with Paragraph 39 of the Employee's Provident Funds Scheme, 1952 and in partial modification of the notification of the Government of India in the Ministry of Labour and Employment, number S.O. 323(E), dated the 2nd February, 2015, published in the Gazette of India, Part II, Section 3, sub-section (ii), dated the 2nd February, 2015, the Central Government, after consulting the Central Board and having regard to the resources of the Employee's Provident Fund available for meeting its normal administrative expenses, hereby frames an Incentive Refund Scheme in respect of administrative charges deposited for eligible employer for providing Universal Account Number (UAN) to all employees.

Incentive Refund Scheme A: To claim 10 per cent refund of administrative charges paid during the quarters, the eligible establishment has to achieve the following criteria relating to UAN in respect of its contributing members in each of the month falling in the quarter

(i) providing member's details as required under Form No. 11 (New) (80 per cent or above);

(ii) seeding of all the three i.e. AADHAR [at least 80 per cent of (i) above], Bank A/c [100 per cent of (i) above] and PAN (wherever applicable);

(iii) UAN activation [100 per cent of (i) above].

Incentive Refund Scheme B: To claim 5 per cent refund of administrative charges paid during the quarter, the eligible establishment has to achieve the following criteria relating to UAN in respect of its contributing members in each of the month falling in the quarter

(a) providing member's details as required in Form No. 11 (New) [60 per cent or above];

(b) seeding of AADHAR [70 per cent of (a) above], Bank A/c [80 per cent of (a) above] and PAN (wherever applicable);

(c) UAN activation [60 per cent of (a) above].

2. The incentive by way of refund shall be payable at the end of every quarter starting from quarter ending March, 2016, as per procedure prescribed by the Central Provident Fund Commissioner and only such establishments shall be considered eligible for the scheme of refund which have in each month of the quarter achieved the criteria for qualification either in Incentive Refund Scheme A or Incentive Refund Scheme B .

3. The Incentive Refund Scheme shall be in operation for one year with effect from 1st January, 2016 to 31st December, 2016 (i.e. for the quarters beginning January, 2016, April, 2016, July, 2016 and October, 2016).

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]285 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]286 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]287 that he was not already a member of the Fund:

Provided further that where no such deduction has been made on account of an accidental mistake or a clerical error, such deduction may, with the consent in writing of the Inspector, be made from the 288[subsequent] wages.

(2) Deduction made from the wages of a member paid on daily, weekly or fortnightly basis should be totalled up to indicate the monthly deductions.

(3) Any sum deducted by an employer or a contractor from the wages of an employee under this Scheme shall be deemed to have been entrusted to him for the purpose of paying the contribution in respect of which it was deducted.

289[32-A. Recovery of damages for default in payment of any contribution. 290[(1) Where a 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 291[(5)] of Section 17 of the Act or in the payment of any charges payable under any other provisions of the Act or the 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 in the table below:

TABLE

(2) The damages shall be calculated to the nearest rupee, 50 paise or more to be counted as the nearest higher rupee and fraction of a rupee less than 50 paise to be ignored.]

292[32-B. Terms and conditions for reduction or waiver of damages. 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' cooperative 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 scheme, in this behalf recommends, waiver of damages up to 100 per cent may be allowed;

(c) in other cases, depending on merits, reduction of damages up to 50 per cent may be allowed.]

DECLARATION, CONTRIBUTION CARDS AND RETURNS

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 Form 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 293[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 Form294. Such employer shall enter the particulars in the Declaration Form and obtain the signature or thumb-impression of the person concerned:

295[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 necessary to comply with the requirements of that Scheme.]

The employer shall prepare a contribution card 296[in Form 3] [or in Form 3-A]297 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:

298[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 Forms shall also contain such particulars as are necessary to comply with the requirements of that 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 [* * *]299 of the employees required or entitled to become members of the Fund showing the 300[basic wage, retaining allowance (if any) and dearness allowance including the cash value of any food concession] paid to each of such employees:

301[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.]

(2) Every employer shall send to the Commissioner within fifteen days of the close of each month a return

(a) in Form 5, of the employees qualifying to become members of the Fund for the first time during the preceding month together with the declarations in Form 2 furnished by such qualifying employees, and

(b) [in such Form302 as the Commissioner may specify]303, of the employees leaving service of the employer during the preceding month:

304[Provided that if there is no employee qualifying to become a member of the Fund for the first time or there is no employee leaving service of the employer during the preceding month, the employer shall send a NIL return:]

305[Provided further that a copy of the forms as mentioned in clauses (a) and (b) above shall be provided by the employer to concerned employees immediately after joining the service or at the time of leaving the service, as the case may be.]

(3) [Omitted]306

307[(4) Every employer shall maintain an inspection notebook in such form as the Commissioner may specify, for an Inspector to record his observations on his visit to the establishment.]

308[(5)] Every employer shall maintain such accounts in relation to the amounts contributed to the Fund by him and by his employees as the Central Board may, from time to time, direct and it shall be the duty of every employer to assist the Central Board in making such payments from the Fund to his employees as are sanctioned by or under the authority of the Central Board.

309[(6)] Notwithstanding anything hereinbefore contained in this paragraph, the Central Board may issue such directions to employers generally as it may consider necessary or proper for the purpose of implementing the Scheme, and it shall be the duty of every employer to carry out such directions.

310[(7) Every employer shall send to the Commissioner such returns in electronic format also, in such form and manner as may be specified by the Commissioner.]

311[36-A. Employer to furnish particulars of ownership. Every employer in relation to a factory or other establishment to which the Act applies on the date of coming into force of the Employees' Provident Funds (Tenth Amendment) Scheme, 1961, or is applied after that date, shall furnish [in duplicate]312 to the Regional Commissioner in Form 5-A annexed hereto 313[particulars of all the branches and departments, owners], occupiers, directors, partners, manager or any other person or persons who have the ultimate control over the affairs of such factory or establishment and also send intimation of any change in such particulars, within fifteen days of such change, to the Regional Commissioner by registered post and in such other manner as may be specified by the Regional Commissioner]:

314[Provided that in the case of any employer of a factory or other establishment to which the Act and the Family Pension Scheme, 1971, shall apply the aforesaid Form may be deemed to satisfy the requirements of the Employees' Family Pension Scheme, 1971, for the purpose specified above:]

315[Provided further that above mentioned details shall be furnished by the employer in the electronic format also, in such form and manner as may be specified by the Commissioner.]

316[36-B. Duties of contractors. Every contractor shall, within seven days of the close of every month, submit to the principal employer a statement showing the recoveries of contributions in respect of employees employed by or through him and shall also furnish to him such information as the principal employer is required to furnish under the provisions of the Scheme to the Commissioner.]

On receipt of the information referred to in Paragraphs 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 317[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 318[electronic through internet banking of the State Bank of India or any other Nationalised Bank 319[or through PayGov platform] 320[or through scheduled banks in India including private sector banks] authorized for collection] on account of contributions and administrative charge:]

321[Provided that the Central Provident Fund Commissioner may for reasons to be recorded in writing, allow any employer or class of employer to deposit the contributions by any other mode other than internet banking.]

322[(2) The employer shall forward to the Commissioner within twenty-five days of close of the month, a monthly abstract in such form as the Commissioner may specify showing the aggregate amount of recoveries made from the wages of all the members and the aggregate amount contributed by the employer in respect of all such members for the month:

Provided that an employer shall send a Nil return, if no such recoveries have been made from the employees:

Provided further that in the case of any such employee who has become a member of the Pension Fund under the Employees' Pension Scheme, 1995, the aforesaid Form shall also contain such particulars as are necessary to comply with the requirements of that Scheme.]

323[(3) The employer shall send to the Commissioner within one month of the close of the period of currency, a consolidated Annual Contribution Statement in Form 6-A, showing the total amount of recoveries made during the period of currency from the wages of each member and the total amount contributed by the employer in respect of each such member for the said period. The employer shall maintain on his record duplicate copies of the aforesaid monthly abstract and consolidated annual contribution statement for production at the time of inspection by the Inspector.]

324[Provided that the employer shall send to the Commissioner returns or details as required under sub-paragraphs (2) and (3) above, in electronic format also, in such form and manner as may be specified by the Commissioner.]

The Central Government may, in consultation with the Central Board and having regard to the resources of the Fund available for meeting its normal administrative expenses, fix the percentage of administrative charges payable under sub-paragraph (1) of Paragraph 38 above.

S.O. 226. In pursuance of the provisions of Paragraph 39 of the Employees' Provident Funds Scheme, 1952 and in partial modification of the notification of the Government of India in the late Ministry of Labour No. S.R.O. 1895, dated the 31st October, 1952, the Central Government, after consulting the Board of Trustees constituted under the said Scheme, and having regard to the resource of the Employees' Provident Fund available for meeting its normal administrative expenses, hereby fixes two and point four (2.4) per cent of the total employers' and employees' contributions as administrative charges payable under sub-paragraph (1) of Paragraph 38 of the said Scheme, in respect of

(a) every establishment which is a factory engaged in manufacture of

(i) cigarettes, or

(ii) electrical, mechanical or general engineering products, or

(iii) iron and steel, or

(iv) paper, other than handmade paper, and in which fifty or more persons are employed, and

(b) every establishment which may hereafter be specified by the Central Government in pursuance of the first proviso to sub-section (1) of Section 6 of the Employees' Provident Funds Act, 1952 (19 of 1952), as the establishment to which the said proviso shall apply,

and direct that the administrative charges in respect of the establishments referred to in clause (a) shall be payable with effect from the first day of January, 1963, and that the administrative charges in respect of any establishments referred to in clause (b) shall be paid with effect from the date from which the provisions of the first proviso to sub-section (1) of Section 6 of the Employees' Provident Funds Act, 1952 become applicable to it.

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 every month in the contribution card opened in the name of each member under this Scheme.

325[40-A. Supply of Passbooks to the members. With effect from such date as the Commissioner may specify in this behalf, every employer shall, on an employee becoming a member of the Fund, provide a Passbook 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 326[factories or any other establishments] as may be decided by the Commissioner from time to time:

327[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]328 as may be appropriate, for the next period of currency:

329[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 also contain such particulars as are necessary to comply with the requirements of that Scheme:]

330[Provided further that above mentioned contribution card in respect of each employee shall be prepared by the employer in electronic format also, in such form and manner as may be specified by the Commissioner.]

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:

331[Provided that where a member leaves service, the employer shall send the contribution card in respect of such members before the twentieth day of the month following that in which the member left the service:]

332[Provided further 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 also contain such particulars as are necessary to comply with the requirements of that Scheme:]

333[Provided also that above mentioned contribution card in respect of each employee together with statement in Form 6 shall be sent by the employer in electronic format also, in such form and manner as may be specified by the Commissioner.]

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 be entertained more than once in every two calendar months.

Every employer shall, whenever the Commissioner or any other officer authorised 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 employers, free of charge, on demand contribution cards, [Passbooks]334, Declaration Forms and other forms referred to in this Scheme:

Provided that if any employer desires to obtain any cards, [Passbooks]335 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, [Passbooks]336 or forms and make such charge therefor as he considers reasonable.

337[The Commissioner shall deposit the contributions received from the employers electronically through internet banking or any other mode other than internet banking in the Reserve Bank or the State Bank of India or any other Nationalised Bank 338[or through PayGov platform] 339[or through scheduled banks in India including private sector banks] in the Current Account of the Fund.]

ADMINISTRATION OF THE FUND, ACCOUNTS AND AUDIT

(1) A separate account shall be kept called the Central Administration Account for recording all administration expenses of the Fund including such administrative charges as the Fund may be authorised to levy.

(2) [* * *]340

The aggregate amount received as the employer's and the employees' contributions to the Fund shall be credited to an account to be called the Provident Fund Account .

341[All interest, rend and other income realised, and net profits or losses, if any, from the sale or investments not including therein the transactions of the Administration Account, shall be credited or debited, as the case may be, to an account called Interest Account , and the brokerage and commission of 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 Account.]

(1) All moneys belonging to the Fund shall be deposited in the Reserve Bank or the 342[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 343[Section 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 in India.

(2) All expenses incurred in respect of, and loss, if any, arising from, any investment shall be charged to the Fund.

Noti. No. S.O. 1071(E), dt. 23-4-2015. In exercise of the powers conferred by sub-paragraph (1) of Paragraph 52 of the Employees' Provident Funds Scheme, 1952 and in supersession of the notification of the Government of India in the Ministry of Labour, No. S.O. 3450(E), dated the 21st November, 2013, the Central Government hereby directs that all incremental accretions belonging to the Fund shall be invested in accordance with the following pattern, namely

2. Fresh accretions to the fund will be invested in the permissible categories specified in this investment pattern in a manner consistent with the above specified maximum permissible percentage amounts to be invested in each such investment category, while also complying with such other restrictions as made applicable for various sub-categories of the permissible investments.

3. Fresh accretions to the funds shall be the sum of un-invested funds from the past and receipts like contributions to the funds, dividend/interest/commission, maturity amounts of earlier investments etc., as reduced by obligatory outgo during the financial year.

4. Proceeds arising out of exercise of put option, tenure or asset switch or trade of any asset before maturity can be invested in any of the permissible categories described above in the manner that at any given point of time the percentage of assets under that category should not exceed the maximum limit prescribed for that category and also should not exceed the maximum limit prescribed for the sub-categories, if any. However, asset switch because of any RBI mandated Government debt switch would not be covered under this restriction.

5. Turnover ratio (the value of securities traded in the year/average value of the portfolio at the beginning of the year and at the end of the year) should not exceed two.

6. If for any of the instruments mentioned above the rating falls below the minimum permissible investment grade prescribed for investment in that instrument when it was purchased, as confirmed by one credit rating agency, the option of exit shall be considered and exercised, as appropriate, in a manner that is in the best interest of the subscribers.

7. On these guidelines coming into effect, the above prescribed investment pattern shall be achieved separately for each successive financial year through timely and appropriate planning.

8. The investment of funds should be at arms length, keeping solely the benefit of the beneficiaries in mind. For instance, investment (aggregated across such companies/organisations described herein) beyond 5% of the fresh accretions in a financial year will not be made in the securities of a company/organisation or in the securities of a company/organisation in which such a company/organisation holds over 10% of the securities issued, by a fund created for the benefit of the employees of the first company/organisation, and the total volume of such investments will not exceed 5% of the total portfolio of the fund at any time. The prescribed process of due diligence must be strictly followed in such cases and the securities in question must be permissible investments under these guidelines.

i. The prudent investment of the funds of a trust/fund within the prescribed pattern is the fiduciary responsibility of the Trustees and needs to be exercised with appropriate due diligence. The Trustees would accordingly be responsible for investment decisions taken to invest the funds.

ii. The trustees will take suitable steps to control and optimize the cost of management of the fund.

iii. The trust will ensure that the process of investment is accountable and transparent.

iv. It will be ensured that due diligence is carried out to assess risks associated with any particular asset before investment is made by the fund in that particular asset and also during the period over which it is held by the fund. The requirement of ratings as mandated in this notification merely intends to limit the risk associated with investments at a broad and general level. Accordingly, it should not be construed in any manner as an endorsement for investment in any asset satisfying the minimum prescribed rating or a substitute for the due diligence prescribed for being carried out by the fund/trust.

v. The trust/fund should adopt and implement prudent guidelines to prevent concentration of investment in any one company, corporate group or sector.

10. If the fund has engaged services of professional fund/asset managers for management of its assets, payment to whom is being made on the value of each transaction, the value of funds invested by them in any mutual funds mentioned in any of the categories or ETFs or Index Funds shall be reduced before computing the payment due to them in order to avoid double incidence of costs. Due caution will be exercised to ensure that the same investments are not churned with a view to enhancing the fee payable. In this regard, commissions for investments in Category III instruments will be carefully regulated, in particular.

345[(1) Subject to the provisions of the Act and of this 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 the 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 authorised in this behalf by the 346[Central Board].

347[(1) All expenses relating to the administration of the Fund including those incurred on Regional Committee, 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 all stationery and forms incurred in respect of the Central Board, cost 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 Government in connection with the establishment of the Fund shall be treated as a loan and such loan shall be repaid from the Administration Account.]

348[The accounts of the Employees' Provident Funds and the Employees' Provident Administration Account shall be maintained by the Commissioner in such form and in such manner as may be specified by the Central Board with the approval of the Central Government.]

(1) The accounts of the Fund, including the Administration Account, 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.

349[(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 fund 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 his 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 employment.]

350[(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 budget as it considers desirable before sanctioning it.]

351[(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 the Central Government is not exceeded;

(ii) it is made only for meeting such expenses of administration as are to be met from the Administration Account in accordance with Paragraph 54; and

(iii) every reappropriation so made shall be reported by him to the Central Board at the next meeting of such Board.]

352[(4) The Commissioner shall place before the Central Board a supplementary budget for a financial year, giving detailed estimates and reasons, of inescapable expenditure which are likely to be incurred during the year for which no provision has been made in the sanctioned budget and which cannot be covered under the provisions of sub-paragraph (3) of Paragraph 58. The supplementary 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.

(5) Any expenditure incurred by the Commissioner over and above the sanctioned budget of a financial year and not covered under the provisions of sub-paragraphs (3) and (4) of Paragraph 58 shall be reported to the Central Board at the earliest possible moment after the excess is established for its consideration and for obtaining sanction of the Central Government.]

(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 Paragraph 60.

353[(2) All items of account shall be calculated to 354[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 the office of the Fund and shall rectify any discrepancy found in these entries.

(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.

355[(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 amount 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 up 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 interest from the first day of the month succeeding the month of credit to the end of the current year;

(iv) the total amount of interest shall be rounded to the nearest whole rupee (fifty paise counting as the next higher rupee).]

(b) In the case of a claim for the refund under Paragraph 69 or 70, interest shall be payable up to the end of the month preceding the date on which the final payment is authorised irrespective of the date of receipt of the claim from the claimant concerned:

356[Provided that interest upto and for the current month shall be payable on the claims which are authorised on or after the 25th day of a particular month along with actual payment after the end of the current month:

Provided further that the rate of interest to be allowed on claims for refund for the broken currency period shall be the rate fixed for the financial year in which the refund is authorised.

357[Provided also that the rate of interest to be allowed on claims for refund for the broken currency period shall be the last declared rate on Employees' Provident Fund and if the rate declared for any current year happens to be less than the previous year's declared rate, then it would accrue as bonus to the outgoing members and it shall be incorporated into calculation for deriving the current year's rate of interest at the end of the year and the claims settled under this proviso shall be final.]

358[Explanation. If an establishment is covered for the first time under the Act/Scheme during the course of the currency period the interest shall be allowed on all the sums credited to the member's account on and from the first day of the month succeeding the month of credit to the end of the current year.]]

(3) The aggregate amount of interest credited to the accounts of the members shall be debited to 359[Interest Account].

(4) In determining the rate of interest, the Central Government shall satisfy itself that there is no overdrawal on the 360[Interest Account] as a result of the debit thereto of the interest credited to the accounts of members.

361[(5) Interest shall not be credited to the account of a member if he informs the Commissioner in writing that he does not wish to receive it. If, however, the member subsequently asks for interest, it shall be credited to his account with effect from the first day of the period of currency in which he makes request therefor.]

362[(6) Interest shall not be credited to the account of a member from the date on which it has become Inoperative Account, under the provisions of sub-paragraph (6) of Paragraph 72:]

363[Provided that if the settlement of claim in respect of inoperative account is delayed for more than thirty days from the date of receipt of the application for settlement of claim, interest shall be credited to the account in accordance with sub-paragraph (2) for delay period excluding the period of thirty days.]

NOMINATIONS, PAYMENTS AND WITHDRAWALS FROM THE FUND

(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:

364[Provided that a fresh nomination shall be made by the member on his marriage and any nomination made before such marriage shall be deemed to be invalid.]

(4) If at the time of making a nomination the member has no family, the nomination may be in favour of any person or persons but if the member subsequently acquires a family, such nomination shall forthwith be deemed to be invalid and the member shall make a fresh nomination in favour of one or more persons belonging to his family.

365[(4-A) Where the nomination is wholly or partly in favour of a minor, the member may, for the purposes of this Scheme, appoint a major person of his family, as defined in clause (g) of Paragraph 2, to be the guardian of the minor nominee in the event of the member predeceasing the nominee and the guardian so appointed:

Provided that where there is no major person in his family, the member may, at his discretion, appoint any other person to be a guardian of the minor nominee.]

(5) A nomination made under sub-paragraph (1) may at any time be modified by a member after giving a written notice of his intention of doing so in Form 366[2] annexed hereto. If the nominee predeceases the member, the interest of the nominee shall revert to the member who may make a fresh nomination in respect of such interest.

(6) A nomination or its modification shall take effect to the extent that it is valid on the date on which it is received by the Commissioner.

367[(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 authorised 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 [* * *]368 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 payment shall be made under sub-paragraph (2) unless the member's own contribution in his Provident Fund Account with interest thereon is sufficient to pay the premium; and where the payment is to be made on the first premium, sufficient to pay the premium for two years.

(5) No payment shall be made towards a policy unless it is legally assignable by the member to the Central Board.

(6) The Commissioner shall before making payment in respect of existing policies, satisfy himself by reference to the Life Insurance Corporation that no prior assignment of the policy exists and the policy is free from all encumbrances.

(7) No educational endowment policy or marriage endowment policy shall be financed from the Fund, if such policy is due for payment in whole or in part before the member attains the age of 55 years.]

369[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 a 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.]

370[(1) The policy shall, within six months of the first payment under Paragraph 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.

371[(4) If the policy is not assigned and delivered as required under sub-paragraph (1), or is assigned otherwise than to the Central Board, or is charged or encumbered or lapses, any amount paid from the Fund in respect of such policy shall, with interest thereon at the rate provided under Paragraph 60, be repaid by the member forthwith to the Fund. In the event of default, the employer shall, on receipt of such directions as may be issued by the Commissioner in this behalf, deduct the amount in lump sum or in such instalments as the Commissioner may determine from the emoluments of the member and pay it to the Fund within such time and in such manner as may be specified by the Commissioner. The amount so repaid or recovered shall be credited to the member's account in the Fund.]

372[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 authorised by the Central Board, by the Commissioner, and adjusted against the payments made on behalf of the member under Paragraph 62.

(1) Where the accumulations standing to the credit of the member are withdrawn under Paragraph 69 or when the member repays to the Fund the amounts of premium paid by the Board with interest thereon at the rate provided in Paragraph 60, the Central Board or where authorised by the Central Board, the Commissioner shall reassign by endorsement thereon the policy to the member together with a signed notice of reassignment addressed to the Life Insurance Corporation.

(2) If the member dies before the policy has been reassigned under sub-paragraph (1), the Central Board or where authorised by the Central Board, the Commissioner, shall reassign by 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 reassignment addressed to the Life Insurance Corporation.

If a policy matures or otherwise falls due for payment during the currency of its assignment, the Central Board or, where so authorised by the Central Board, the Commissioner shall realise the amount assured together with bonus, if any, accrued thereon, place to the credit of the member the amount so realised, 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. [Omitted]373

68-A. [Omitted]374

375[68-B. Withdrawal376 from the fund for the purchase of a dwelling house/flat or for the construction of a dwelling house including the acquisitionof a suitable site for the purpose. (1) The Commissioner, or where so authorised 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, a 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 cooperative society, an institution, a trust, a local body or a Housing Finance Corporation (hereinafter referred to as the agency/agencies);

(b) for purchasing a dwelling site for the purpose of construction of a dwelling house or a ready-built dwelling house/flat from any individual [* * *]377;

378[(bb) for purchasing a dwelling house/flat on ownership basis from a promoter governed by the provisions of any Flats or Apartment Ownership Act or by any other analogous or similar law of the Central Government or the State Government as may be in force in any State or area for the time being and who intends to construct or constructs a dwelling house or block of flats and the member is required to pay to the said promoter in advance for financing the said construction of the house/flat:

Provided that the member has entered into an agreement with the promoter as may be required under the Flats or Apartment Ownership Act or any other analogous or similar law of the Central Government or State Government which may be in force in any State or any area and the said agreement is registered under the Indian Registration Act, 1908;]

(c) for the construction of a dwelling house on a site owned by the member or the spouse of the member or jointly by the member and the spouse or for completing/continuing the construction of a dwelling house already commenced by the member or the spouse, on such site 379[or for purchase of a house/flat in the joint name of the member and the spouse under clauses (a) and (b) above].

Explanation 1. In this paragraph, the expression, cooperative society means a society registered or deemed to be registered under the Cooperative Societies Act, 1912 (2 of 1912) or under any other law for the time being in force in the State relating to cooperative societies.

Explanation 2. 380[* * *]

381[(2)(a) For the purpose of purchase of a site for construction of a house thereon, the amount of withdrawal shall not exceed the member's basic wages and dearness allowance for twenty-four months or the member's own share of contributions, together with the employer's share of contribution, with interest thereon or the actual cost towards the acquisition of the dwelling site, whichever is the least.

(b) For the purpose of acquisition of a ready-built house/flat or for construction of a house/flat, the withdrawal shall not exceed the member's basic wages and dearness allowance for thirty-six months or the member's own share of contributions, together with the employer's share of contributions, with interest thereon, or the total cost of construction, whichever is the least.]

(3) (a) No withdrawal under this paragraph shall be granted unless

(i) the member has completed five years' membership of the Fund;

(ii) the member's own share of contributions with interest thereon in the amount standing to his credit in the Fund is not less than one thousand rupees;

382[(iii) a declaration from the member that the dwelling site or the dwelling house/flat or the house under construction is free from encumbrances and the same is under title of the member and/or the spouse:]

Provided that where a dwelling site or a dwelling house/flat is mortgaged to any of the agencies referred to in clause (a) of sub-paragraph (1), solely for having obtained funds for the purchase of a dwelling house/flat or for the construction of a dwelling house including the requisition of a suitable site for the purpose, such a dwelling site or a dwelling house/flat, as the case may be, shall not be deemed to be an encumbered property:

Provided further that a land acquired on a perpetual lease or on lease for a period of not less than 30 years for constructing a dwelling house/flat, or a house/flat built on such a leased land, shall also not be deemed to be an encumbered property:

Provided also that where the site of the dwelling house/flat is held in the name of any agency, referred to in clause (a) of sub-paragraph (1) and the allottee is precluded from transferring or otherwise disposing of the house/flat, without the prior approval of such agency, the mere fact that the allottee does not have absolute right of ownership of the house/flat and the site is held in the name of the agency, shall not be a bar to the giving of withdrawal under clause (a) of sub-paragraph (1), if the other conditions mentioned in this paragraph are satisfied.

(b) No withdrawal shall be granted for purchasing a share in a joint property or for constructing a house on a site owned jointly except on a site owned jointly with the spouse.

(4) Subject to the limitation prescribed in sub-paragraph (2)

(a) where the withdrawal is for the purchase of a dwelling house/flat or a dwelling site from an agency referred to in clause (a) of sub-paragraph (1), the payment of withdrawal shall not be made to the member but shall be made direct to the agency in one or more instruments as may be authorised by the member;

(b) where the withdrawal is for the construction of a dwelling house, it may be sanctioned in such number of instalments as the Commissioner or where so authorised by the Commissioner, any officer subordinate to him, thinks fit;

(c) [* * *]383

384[(d) where the withdrawal is for purchasing a dwelling house/flat on ownership basis from a promoter as referred to in clause (bb) of sub-paragraph (1), the payment of withdrawal shall be made to the member in one or more instalments as may be required to be paid by the said promoter and as authorised by the member.

Explanation. Promoter includes a person who constructs or causes to be constructed a block or building of flats or apartments for the purpose of selling some or all of them to other persons or to a Company, Cooperative Society or other association of persons and his assignees and where the person who builds and the person who sells are different persons the term Promoter includes both.]

(5) Where a withdrawal is sanctioned for the construction of a dwelling house, the construction shall commence within six months of the withdrawal of the first instalment and shall be completed within twelve months of the withdrawal of the final instalments. Where the withdrawal is sanctioned for the purchase of a dwelling house/flat or for the acquisition of a dwelling site, the purchase or acquisition, as the case may be, shall be completed within six months of the withdrawal of the amount:

Provided that this provision shall not be applicable in case of purchase of a dwelling house/flat on hire-purchase basis and in cases where a dwelling site is to be acquired or houses are to be constructed by a cooperative society on behalf of its members with a view of their allotment to the members.

(6) Except in the cases specified in sub-paragraph (7) 385[and 7-A], no further withdrawal shall be admissible to a member under this paragraph.

(7) An additional withdrawal up to 386[twelve] months' basic wages and dearness allowance or the member's own share of contributions with interest thereon, in the amount standing to his credit in the Fund, whichever is less, may be granted [* * *]387 in one instalment only, for additions, substantial alterations or improvements necessary to the dwelling house owned by the member or by the spouse or jointly by the member and the spouse:

Provided that the withdrawal shall be admissible only after a period of five years from the date of completion of the dwelling house.

388[(7-A) A further withdrawal equivalent to the amount of difference between the amount of withdrawal admissible to a member under sub-paragraph (2) above as on the date of fresh application and the amount of withdrawal that was drawn by a member under this Paragraph any time during the 6 years preceding 3-10-1981, may be granted to such a member (i) who had availed the earlier withdrawal for purchase of a dwelling site and has now proposed to construct a dwelling house on the land so purchased, or (ii) who had availed the earlier withdrawal for making initial payment towards the allotment/purchase of a house/flat from any agency as referred to in clause (a) of sub-paragraph (1) above and has now proposed to avail a withdrawal for completing the transaction to get the sole ownership of the house/flat so purchased, or (iii) who had availed the earlier withdrawal for construction of a house but could not complete the construction in time due to lack of funds.]

389[(7-B) A further withdrawal up to twelve months' basic wages and dearness allowance or member's own share of contribution with interest thereon in his account, whichever is the least, may be granted for addition, alteration, improvement or repair of the dwelling house owned by the member or by the spouse or jointly by the member and the spouse, after ten years of withdrawal, under sub-paragraph (7).]

(8) 390[* * *]

(9) (a) If the withdrawal granted under this paragraph exceeds the amount actually spent for the purpose for which it was sanctioned, the excess amount shall be refunded by the member to the Fund in one lump sum within thirty days of the finalisation of the purchase, or the completion of the construction of, or necessary additions, alterations or improvements to a dwelling house, as the case may be. The amount so refunded shall be credited to the employer's share of contributions in the member's account in the Fund to the extent of withdrawal granted out of the said share and the balance, if any, shall be credited to the member's share of contributions in his account.

(b) In the event of the member not having been allotted a dwelling site/dwelling house/flat, or in the event of the cancellation of an allotment made to the member and of the refund of the amount by the agency, referred to in clause (a) of sub-paragraph (1) or in the event of the member not being able to acquire the dwelling site or to purchase the dwelling house/flat from any individual or to construct the dwelling house, the member shall be liable to refund to the Fund in one lump sum and in such manner as may be specified by the Commissioner, or where so authorised by the Commissioner, any officer subordinate to him, the amount of withdrawal remitted under this paragraph to him or, as the case may be, to the agency referred to in clause (a) of sub-paragraph (1).

The amount so refunded shall be credited to the employer's share of contributions in the member's account in the Fund, to the extent of withdrawal granted out of the share, and the balance if any shall be credited to the member's own share of contributions in his account.

(10) If the Commissioner, or where so authorised by the Commissioner, any officer subordinate to him is satisfied that the withdrawal granted under this paragraph has been utilised for a purpose other than that for which it was granted or that the member refused to accept an allotment or to acquire a dwelling site or that the conditions of withdrawal have not been fulfilled or that there is reasonable apprehension that they will not be fulfilled wholly or partly; or that the excess amount will not be refunded in terms of clause (a) of sub-paragraph (9) or that the amount remitted back to the member by any agency referred to in clause (a) of sub-paragraph (1), will not be refunded in terms of clause (b) of sub-paragraph (9), the Commissioner, or where so authorised by the Commissioner, any officer subordinate to him, shall forthwith take steps to recover the amount due with penal interest thereon at the rate of two per cent per annum from the wages of the member in such number of instalments as the Commissioner, or where so authorised by the Commissioner, any officer subordinate to him, may determine. For the purpose of such recovery the Commissioner or where so authorised by the Commissioner, any officer subordinate to him may direct the employer to deduct such instalment from the wages of the member and on receipt of such direction, the employer shall deduct accordingly. The amount so deducted, shall be remitted by the employer to the Commissioner, or where so authorised by the Commissioner, any officer subordinate to him within such time and in such manner as may be specified in the direction. The amount so refunded, excluding the penal interest, shall be credited to the employer's share of contributions in the member's account in the Fund to the extent of withdrawal granted out of the said share and the balance if any shall be credited to the member's own share of contributions in his account. The amount of penal interest shall, however, be credited to the 391[Interest Account]:

392[Provided that the recovery of withdrawal under sub-paragraph (10) shall be restricted to cases where the recovery has been ordered by the sanctioning authority while the member is in service.]

(11) Where any withdrawal granted under this paragraph has been misused by the member, no further withdrawal shall be granted to him under this paragraph within a period of three years from the date of grant of the said withdrawal or till the full recovery of the amount of the said withdrawal, with penal interest thereon, whichever is later.]

393[68-BB. 394[Withdrawal] from the Fund for repayment of loans in special cases. (1)(a) The Commissioner, or where so authorised by the Commissioner, any officer subordinate to him, may on an application from a member, sanction from the amount standing to the credit of the member in the Fund, 395[withdrawal] for the repayment, wholly or partly, of any outstanding principal and interest of a loan 396[obtained in the name of the member or spouse of the member or jointly by the member and spouse from a State Government, registered Cooperative 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 Paragraph 68-B.

(b) The amount of 397[withdrawal] shall not exceed the member's basic wages and dearness allowance for 398[thirty-six] months or his own share of contributions together with the employer's share of contributions, with interest thereon, in the member's account in the Fund or the amount of outstanding principal and interest of the said loan, whichever is least.

(2) No 399[withdrawal] shall be sanctioned under this paragraph unless

(a) the member has completed [ten]400 years membership of the Fund, and

(b) the member's own share of contributions, with interest thereon, in the amount standing to his credit in the Fund, is one thousand rupees or more; and

(c) the member produces a certificate or such other documents, as may be prescribed by the Commissioner, or where so authorised by the Commissioner, any officer subordinate to him, from such agency, indicating the particulars of the members, the loan granted, the outstanding principal and interest of the loan and such other particulars as may be required.

(3) The payment of the 401[withdrawal] under this paragraph shall be made direct to such agency on receipt of an authorisation from the member in such manner as may be specified by the Commissioner, or where so authorised by the Commissioner, any officer subordinate to him, and in no event the payment shall be made to the member.

402[68-BC. Withdrawal/financing from the Fund for the purchase of a dwelling house/flat or the construction of a dwelling house including the acquisition of a suitable site by the Member. (1) Notwithstanding anything contained in Paragraph 68-B or 68-BB, 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 authorised by the Commissioner, any officer subordinate to him, on receipt of such application may sanction such amount not exceeding the member's own share of contributions with interest thereon (and the employer's share of contributions with interest thereon to his credit) or the cost of the acquisition of the proposed property whichever is less by debiting to the member's account:

Provided that no withdrawal under this paragraph shall be granted unless

(i) the member has completed five years membership of the Fund; and

(ii) the share of contributions with interest thereon in the amount standing to the credit in the Fund of the member/or together with the spouse who is also a member, is not less than twenty thousand rupees:

Provided further that the Commissioner may, on sufficient grounds being shown through an application from a member in this regard, reduce the period as stipulated in (i) above to three years for withdrawal from the amount standing to the credit of the member in the Fund, for the repayment, wholly or partly, of any outstanding principal and/or interest of a loan obtained in the name of the member or spouse of the member or jointly by the member and spouse from any Government or a Housing Agency under Housing Scheme so notified, solely for the purposes specified in this proviso and the Commissioner, or where so authorised by the Commissioner, any officer subordinate to him, on receipt of such application may sanction such amount not exceeding the member's own share of contributions with interest thereon along with the employer's share of contributions with interest thereon, or the amount requested by the member or the outstanding balance in the loan account, whichever is less, by debiting to the member's account:

Provided also that, where a member desires that monthly instalments for the repayment, wholly or partly, of any outstanding principal and/or interest of a loan obtained in the name of the member or spouse of the member or jointly by the member and spouse, solely for the purposes specified in this proviso, may be paid from the amount standing to the credit of the member in the Fund, he may apply in such form and in such manner, as may be prescribed by the Commissioner and on receipt of such an application, the Commissioner or where so authorised by the Commissioner, any other officer subordinate to him may make payment by the 15th of each month on behalf of the member to the Government or a Housing Agency concerned, as the case may be:

Provided also that when the membership of the member ceases to exist, or, where the amount standing in the credit of the member's account is not sufficient to pay the monthly instalment for any month, the Commissioner or where so authorised by the Commissioner any other officer subordinate to him shall not be liable to pay the monthly instalment or any late fee and/or interest, if any monthly instalment could not be remitted in time.

(2) The withdrawal or finance for the purchase of a dwelling house/flat or a dwelling site or construction of a dwelling house, under sub-paragraph (1) and proviso thereunder, shall not be made to the member in any event and shall be made direct to the Government or Housing Agency concerned only, as the case may be, in one or more instalments, as may be authorised by the member.

(3) No further withdrawal under sub-paragraph (1) above shall be admissible to a member unless he has discharged his liability towards the existing loan.

(4)(a) If the withdrawal or finance granted under this paragraph exceeds the amount actually spent for the purpose for which it was sanctioned, the excess amount shall be refunded by the member to the Fund in one lump sum within thirty days of the finalisation of the purchase, or the completion of the construction of, or necessary additions or alterations to a dwelling house/flat, as the case may be.

(b) The amount so refunded under sub-paragraph (a) shall be credited to the employer's share of contributions in the member's account in the Fund to the extent of withdrawal granted out of the said share and the balance, if any, shall be credited to the member's share of contributions in his account.

(c) In the event of the member not having been allotted a dwelling site/dwelling house/flat or in the event of the cancellation of an allotment made to the member by the Government or the Housing Agency, referred to in sub-paragraph (1) above, then the Government or the said Housing Agency, to which the amount so withdrawn has been given shall be liable to refund the amount to the Fund in one lump sum in such manner as may be specified by the Commissioner, within a period not exceeding fifteen days from the date of such cancellation or non-allotment.

(d) The amount so refunded under clause (c) shall be credited to the employer's share of contributions in the member's account in the Fund, to the extent of withdrawal granted out of the said share, and the balance, if any, shall be credited to member's own share of contributions in his account.

(5) The Commissioner or where so authorised by the Commissioner any officer subordinate to him has reason to believe that the amount remitted to the Housing Agency under the Housing Scheme under this paragraph has been misutilised and will not be refunded, he shall forthwith take steps to recover the amount due with interest including penal interest thereon at the rate to be notified by the Commissioner from time to time and the amount so recovered shall be credited to member's account in the Fund to the extent of withdrawal granted out of the said account and interest thereon and the remaining amount, if any, shall be credited to Administrative Account.

(6) The Commissioner may notify such Housing Agency be debarred from participation in the Housing Scheme.]

403[68-BD. Withdrawal of, and financing from, the Fund for purchase of dwelling house or flat or the construction of a dwelling house. (1) Notwithstanding anything contained in Paragraph 68-B or 68-BB or 68-BC, where a member of the Fund, who,

(a) being a member of a cooperative society or a society registered for housing purpose under any law for the time being in force and such society has at least ten members of the Fund, and

(b) desires to purchase a dwelling house or flat including 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 any housing agency under any housing scheme or any promoter or builder for the members,

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.

(2) The Commissioner, or any other officer subordinate to him where so authorised by the Commissioner, on receipt of such application may, sanction such amount not exceeding the member's own share of contribution with interest thereon and the employer's share of contribution with interest thereon to his credit or the cost of the acquisition of the proposed property whichever is less by debiting to the member's account:

Provided that the amount of the withdrawal shall not exceed ninety per cent of the employer's share of contribution and interest thereon and employee's share of contribution and interest thereon:

Provided further that the member and the society as the case may be, shall be, liable in accordance with the terms of the agreement with the housing agency or builder or promoter and the Commissioner shall not be responsible or liable or make himself liable for the act of the parties to the agreement.

(3) No withdrawal under this paragraph shall be granted

(i) unless the member has membership of the Fund for at least three years;

(ii) more than once;

(iii) unless the share of contribution with interest thereon in the amount standing to the credit in the Fund of the member/or together with the spouse who is also a member, is not less than twenty thousand rupees:

(4) Where a member desires and authorises that monthly instalment for the repayment, wholly or partly, of any outstanding principal or interest of a loan obtained in the name of the member or spouse of the member or jointly by the member and spouse may be paid from the amount standing to the credit of the member in the Fund, and payment may be made on behalf of the member to the Government or a housing agency or primary lending agency or bank concerned as the case may be:

Provided that when the membership of the member ceases to exist, or, where the amount standing to in the credit of the member's account is not sufficient to pay the monthly instalment for any month, the Commissioner or where so authorized by the Commissioner any other officer subordinate to him shall not be liable to pay the monthly instalment or any late fee or interest or other such charges.

(5) The withdrawal for the purchase of a dwelling house or flat or a dwelling site or construction of a dwelling house, under sub-paragraphs (1) and (2), shall not be made to the member in any event and shall be made direct to the Cooperative Society, Central Government, a State Government, or any Housing Agency under any Housing Scheme or any promoter or builders as the case may be, in one or more instalments, as may be authorized by the member.

(6) (a) If the withdrawal or finance granted under this paragraph exceeds the amount actually spent for the purpose for which it was sanctioned, the excess amount shall be refunded by the member to the Fund in one lump sum within thirty days of the finalization of the purchase, or the completion of the construction of, or necessary additions or alterations to a dwelling house or flat, as the case may be;

(b) The amount so refunded under sub-paragraph (a) shall be credited to the employer's share of contribution in the member's account in the Fund to the extent of withdrawal granted out of the said share and the balance, if any, shall be credited to the member's share of contribution in his account;

(c) In the event of the member failing to get allotted a dwelling site or dwelling house or flat or in the event of the cancellation of an allotment made to the member by the Cooperative Society, the Central Government, a State Government, or any Housing Agency under any Housing Scheme or any promoter or builders to which the amount so withdrawn has been given the member shall be liable to ensure the refund of the amount to the Fund in one lump sum in such manner as may be specified by the Commissioner, within a period not exceeding fifteen days from the date of such cancellation or non-allotment;

(d) The amount so refunded under clause (c) shall be credited to the employer's share of contributions in the members account in the Fund, to the extent of withdrawal granted out of the said share, and the balance, if any, shall be credited to member's own share of contributions in his account.]

68-C. 404[* * *]

405[68-D. 406[* * *]]

407[68-E. Computation of period of membership. In computing the period of membership of the Fund of a member under Paragraphs 63-B, 68-BB and 68-K, his total service exclusive of periods of breaks under the same employer or 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 Paragraph 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 severed his membership by withdrawal of his provident fund during such period.

68-F. 408[* * *]]

68-G. 409[* * *]

68-GG. 410[* * *]

68-H. Grant of advance in special cases. 411[(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 authorised 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.]

412[(1-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 member and the cases are pending in a court of law, an officer not below the rank of Assistant Provident Fund Commissioner may, on an application from the member 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 fifty per cent of his own share of contribution with interest thereon standing to his credit in the Fund on the date of such authorisation.]

413[(2) 414[(a) In case the factory or other establishment continues to remain locked up or closed down for more than six months, the Commissioner, or where so authorised by the Commissioner any officer subordinate to him, on being satisfied that a member who has already been granted one or more non-recoverable advances from his provident fund account under sub-paragraph (1) still continues to be unemployed and no compensation is likely to be paid to him at an early date, may, on receipt of an application therefor in such form as may be prescribed in this behalf, authorise payment to the member of one or more recoverable advances from his provident fund account up to the extent of 100% of the employers' total contribution including interest thereon up to the date on which the payment has been authorised:]

415[Provided that if the factory or establishment in which the member is employed remains closed for more than five years for reasons other than strike, recoverable advance may be converted into non-recoverable advance on receipt of a request in writing from the member concerned.]

(b) The advance granted under clause (a) shall be interest-free.

(c) The advance granted under clause (a) shall be recovered by deductions from the wages of the member in such instalments [subject to a maximum of thirty-six instalments]416 as may be determined by the Commissioner 417[or where so authorised by the Commissioner, any officer subordinate to him]. The recovery shall commence from the first wages paid to the member immediately after the re-start of the factory or establishment.

(d) The employer shall remit the amount so deducted to the Fund within such time in such manner as may be specified by the Commissioner 418[or where so authorised by the Commissioner, any officer subordinate to him]. The amount on receipt shall be credited to the member's account in the Fund.]

419[Explanation. For the purpose of grant of advance under this paragraph, the establishment, may be closed legally, illegally, with permission or without permission, so long as the establishment is closed.]

420[68-HH. Non-refundable advance to a member in case of continuous un-employment for a period of not less than one month. The Commissioner or, where so authorised by the Commissioner, any other officer subordinate to him, may permit a member, on ceasing to be an employee in any factory or establishment to which the Act applies, a non-refundable advance upto seventy-five per cent of the amount standing to his credit in the Fund, if he has not been employed in any factory or other establishment for a continuous period of not less than one month immediately preceding the date on which he makes an application for such non-refundable advance.]

68-I. 421[* * *]

422[68-J. Advance from the Fund for illness in certain cases. (1) A member may be allowed non-refundable advance from his account in the Fund in cases of

(a) hospitalisation 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]423 and having been granted leave by his employer for treatment of the said illness.

(2) 424[* * *]

425[(3) A member may be allowed non-refundable advance from his account in the fund for the treatment of a member of his family who has been hospitalised, or requires hospitalisation, for one month or more

(a) for a major surgical operation, or

(b) for the treatment of T.B., leprosy, 426[paralysis, cancer, mental derangement or heart ailment]:

427[* * *]

(4) The amount advanced under this paragraph shall not exceed the member's basic wages 428[and dearness allowance] for 429[six] months or his own share of contribution with interest in the Fund, whichever is less.

430[(5) [* * *]431

432[(6) No advance shall be granted to the member under sub-paragraph (1) or sub-paragraph (3) unless he produces a self-declaration to that effect.]]

433[68-K. 434[Advance from the Fund for marriages or post-matriculation education of children]. 435[(1) The Commissioner or where so authorised by the Commissioner an officer subordinate to him may, on an application from a member, authorise 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 authorisation, 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.]

436[(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 437[his own share of contributions] with interest thereon standing to his credit in the Fund is rupees one thousand or more.]

(3) 438[Not more than 439[three] advances] shall be admissible to a member under this paragraph.]

440[(4) 441[* * *]]

442[68-L. Grant of advances in abnormal conditions. (1) The Commissioner 443[or where so authorised 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, authorise payment to him from the provident fund account, of a non-refundable advance, of 444[rupees five thousand] or fifty per cent of his own total contributions including interest thereon standing to his credit on the date of such authorisation, whichever is less, to meet any unforeseen expenditure.

[* * *]445

446[(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 that his property (movable or immovable) has been damaged as a result of the calamity;] and

447[(iii) the application for advance is made within a period of 4 months from the date of declaration referred to in sub-para (i).]

901[(3) The Commissioner or, where so authorised by the Commissioner, any officer subordinate to him, may, on an application from any member of this Scheme employed in any establishment or factory located in an area declared as affected by outbreak of any epidemic or pandemic by the appropriate Government, permit a non-refundable advance from the provident fund account of such member not exceeding the basic wages and dearness allowances of that member for three months or up to seventy-five per cent of the amount standing to his credit in the Fund, whichever is less.]

448[68-M. Grant of advance to members affected by cut in the supply of electricity. 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:

449[(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 450[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 the State Government certify that the cut in the supply of electricity was enforced in the area in which the factory or establishment is located and the employer certifies that the fall in the member's pay was due to cut in the supply of electricity.

(d) Only one advance shall be admissible under this paragraph.

Explanation. Wages means, for the purpose of this paragraph, basic wages and dearness allowance excluding lay-off compensation, if any.]

451[68-N. Grant of advance to members who are physically handicapped. (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.

452[(2) No advance shall be paid to the member under sub-paragraph (1) unless he produces a self-declaration to that effect.]

(3) The amount advanced 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 period of three years from the date of payment of an advance allowed under this paragraph.]

453[68-NN. Withdrawal within one year before the retirement. 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 upto 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 on superannuation whichever is later.]

454[68-NNN. Option for withdrawal at the age of 55 years for investment in Varishtha Pension Bima Yojna. The Commissioner, or where 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 upto 90 per cent of the amount standing at his credit at any time after attaining the age of 55 years by the member, to be transferred to the Life Insurance Corporation of India for investment in Varishtha Pension Bima Yojna.]

455[68-NNNN. Option for withdrawal on cessation of employment. (1) The Central Board, or where so authorised by the Central Board, the Commissioner, or any officer subordinate to him, may, on an application made by a member in such form as may be specified, authorise payment to him from his provident fund account not exceeding his own total contribution including interest thereon up to the date the payment has been authorised on ceasing to be an employee in any establishment to which the Act applies.

(2) The member making an application for withdrawal under sub-paragraph (1) shall not be employed in any factory or other establishment, to which the Act applies, for a continuous period of not less than two months immediately preceding the date on which such application is made:

Provided that the requirement of two months' period referred to in sub-paragraph (2) shall not apply in cases of female members resigning from the services of the establishment for the purpose of getting married or on account of pregnancy or child birth.]

456[68-O. Payment of withdrawal or advance. The payment of withdrawal or advance under Paragraphs 68-B, 457[* * *], 68-H, 68-J, 68-K, 68-L, 68-M, 458[68-N, 68-NN, 68-NNN and 68-NNNN] 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 Cooperative Bank (including the Urban Cooperative Bank) or any post office, or

(iii) through the employer.]

459[(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 460[58 years]:

461[Provided that a member, who has not attained the age of 462[58 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 463[58 years] before the payment is authorised;]

464[(b) on retirement on account of permanent and total incapacity for work due to bodily or mental infirmity duly certified by the medical officer of the establishment or where an establishment has no regular medical officer, by a registered medical practitioner designated by the establishment;]

(c) immediately before migration from India for permanent settlement abroad [or for taking employment abroad]465];]

466[(d) on termination of service in the case of mass or individual retrenchment:

467[* * *]

468[(dd) on termination of service under a voluntary scheme of retirement framed by the employer and the employees under a mutual agreement specifying, inter alia, that notwithstanding the provisions contained in sub-clause (a) of clause (oo) of Section 2 of the Industrial Disputes Act, 1947, excluding voluntary retirements from the scope of definition of retrenchment such voluntary retirements shall for the purpose be treated as retrenchments by mutual consent of the parties;]

(e) 469[* * *]

(f) 470[* * *]

471[(1-A) For the purpose of clause (b) of sub-paragraph (1)

(i) where an establishment has been closed, the certificate of any registered medical practitioner may be accepted;

(ii) where there is no medical officer in the establishment, the employer shall designate a registered medical practitioner stationed in the vicinity of the establishment; or

(iii) where the establishment is covered by the Employees' State Insurance Scheme, medical certificate from a medical officer of the Employees' State Insurance Dispensary with which or from the Insurance Medical Practitioner with whom, the employee is registered under that Scheme, shall be produced:

Provided that where by mutual agreement of employers and employees, a Medical Board exists for any establishment or a group of establishments, a certificate issued by such Medical Board may also be accepted for the purpose of this paragraph:

Provided further that it shall be open to the Regional Commissioner to demand from the member a fresh certificate from a Civil Surgeon or any doctor acting on his behalf where the original certificate produced by him gives rise to suspicion regarding its genuineness:

Provided further the entire fee of the Civil Surgeon or any doctor acting in his behalf shall be paid from the Fund in case the findings of the Civil Surgeon or any doctor acting on his behalf agree with the original certificate and that where such findings do not agree with the original certificate, only half of the fee shall be paid from the Fund and the remaining half shall be debited to the member's account;

(iv) a member suffering from tuberculosis or leprosy [or cancer]472, even if contracted after leaving the service of an establishment on ground of illness but before payment has been authorised, shall be deemed to have been permanently and totally incapacitated for work.]

(2) 473[* * *]

(3) 474[* * *]

(4) 475[* * *]

(5) 476[* * *]

(6) 477[* * *]

478[* * *]

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 Paragraph 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) sons who have attained majority;

(b) sons of a deceased son who have attained majority;

(c) married daughters whose husbands are alive;

(d) married daughters of a deceased son whose husbands are alive;

if there is any member of the family other than those specified in clauses (a), (b), (c) and (d):

Provided further that the widow or widows, and the child or children of a deceased son shall receive between them in equal parts only the share which that son would have received if he had survived the member and had not attained the age of majority at the time of the member's death.

(iii) in any case, to which the provisions of clauses (i) and (ii) do not apply the whole amount shall be payable to the person legally entitled to it.

Explanation. For the purpose of this paragraph a member's posthumous child, if born alive, shall be treated in the same way as a surviving child born before the member's death.

479[70-A. Payment of provident fund accumulations in the case of a person charged with the offence of murder. (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 Paragraph 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 abetting the murder of the member, his share of provident fund shall be payable to him.]

71. 480[* * *]

(1) When the amount standing to the credit of a member, 481[* * *] becomes payable, it shall be the duty of the Commissioner to make prompt payment as provided in this Scheme 482[* * *]. In case there is no nominee in accordance with this Scheme 483[or there is no person entitled to receive such amount under sub-paragraph (ii) of Paragraph 70] the Commissioner may, if the amount to the credit of the Fund does not exceed 484[Rs 10,000] and if satisfied after inquiry 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.

485[(3) If the person to whom any amount is to be paid under this Scheme is a minor for whose estate a guardian under the Guardians and Wards Act, 1890 (8 of 1890) has been appointed, the payment shall be made to such guardian. Where no guardian under the Guardians and Wards Act, 1890 (8 of 1890) has been appointed, the payment shall be made to the guardian, if any, appointed under sub-paragraph (4-A) of Paragraph 61. Where no guardian under the Guardians and Wards Act, 1890 (8 of 1890), or under sub-paragraph (4-A) of Paragraph 61 has been appointed, the payment shall be made to the natural guardian and in the absence of a natural guardian, to such person as the Commissioner, 486[where the amount does not exceed 487[Rs 20,000] or the Chairman of the Central Board, if the amount exceeds 488[Rs 20,000]] considers to be the proper person representing the minor and the receipt of such person for the amount paid shall be a sufficient discharge thereof 489[* * *].

(3-A) If the person to whom any amount is to be paid under this Scheme is a lunatic for whose estate a manager under the Indian Lunacy Act, 1912 (4 of 1912), has been appointed, the payment shall be made to such manager. If no such manager has been appointed, the payment shall be made to the natural guardian of the lunatic and in the absence of any such natural guardian, to such person as the Commissioner 490[where the amount does not exceed 491[Rs 20,000] or the Chairman of the Central Board, if the amount exceeds 492[Rs 20,000]] considers to be the proper person representing the lunatic and the receipt of such person for the amount paid shall be a sufficient discharge thereof 493[* * *].

(4) If it is brought to the notice of the Commissioner that a posthumous child is to be born to the deceased member he shall retain the amount which will be due to the child in the event of its being born alive and distribute the balance. If subsequently no child is born or the child is stillborn, the amount retained shall be distributed in accordance with the provisions of Paragraph 70.

494[(5) (a) Every employer shall, at the time when a member of the Fund leaves the service, be required to get the claim application, for payment of Provident Fund in cases specified in clauses (a) to (dd) of sub-paragraph (1), [* * *]495 of Paragraph 69, duly filled in and attested and to forward the said application 496[within five days of its receipt] to the Commissioner or any other officer authorised by him in this behalf.

(b) Every employer shall, at the time when the member of the Fund leaves the service, be required to get the claim application, for payment of provident fund in cases specified in clause (e) of sub-paragraph (1), and in [* * *]497 sub-paragraph (2) of Paragraph 69, duly filled in and attested, and to give the said application to the member, for submission, on completion of the period specified in [* * *]498 sub-paragraph (2) of Paragraph 69, 499[provided the member continues to remain unemployed in a factory or other establishment to which the Act applies], either through post or in person with proper identification, to the Commissioner or any other officer authorised by him in this behalf.

(c) Every employer shall, on the death of the member and on receipt of an application for receiving the amount standing to the credit of such member, forward forthwith 500[, but not later than five days of its receipt,] the said application to the Commissioner or any other officer authorised by him in this behalf.

(d) If the applicant is unable to send the claim application through the employer or duly attested by him, for any reason whatsoever, he may forward it to the Commissioner or any other officer authorised by him in this behalf, and wherever necessary, the Commissioner or any other officer authorised by him in this behalf, may forward such application to the employer and the employer shall be required to return it within five days of its receipt.

501[(e) The payment may be made to the person, to whom payment is to be made, through electronic or digital funds transfer system of any Scheduled commercial bank or any post office.]

502[Provided that the Provident Fund amount payable by postal money order shall be to the extent of maximum Rs 2000. Any payment of benefit above Rs 2000 under the scheme shall be remitted through cheque only. Where the amount payable by postal money order exceeds Rs 500 it shall be remitted at the cost of the payee.]

503[(f) Every employer shall, at the time when an employee joins the service, be required to get the application for transfer of provident fund in cases specified in sub-paragraphs (1) and (2) of Paragraph 57, duly filled in and attested, and to forward the said application within five days of its receipt to the Commissioner or any other officer authorised by him in this behalf:]

504[Provided that notwithstanding anything contained in this sub-paragraph, the Central Provident Fund Commissioner may permit a member to submit his claim, in such form and manner, and on such terms and conditions as may be specified by him in this regard, directly to the Commissioner.]

505[(6) Any amount becoming due to a member as a result of: (i) supplementary contribution from the employer in respect of leave wages/arrears of pay, instalment of arrear contribution received in respect of a member whose claim has been settled on account but which could not be remitted for want of latest address, or (ii) accumulation in respect of any member who has either 506[retired from service after attaining age of fifty-five years or migrated abroad permanently] or died, 507[but no application for withdrawal under Paragraphs 69 or 70 508[* * *] has been preferred] within a period of 509[thirty-six months] from the date it becomes payable, or if any amount remitted to a person, is received back undelivered, and it is not claimed again within a period of 510[thirty-six months] from the date it becomes payable shall be transferred to an account to be called the 511[Inoperative Account]:

Provided that in the case of a claim for the payment of the said balance, the amount shall be paid by debiting the 512[Inoperative Account]:]

513[Provided further that if any amount becoming due to a member, as a result of supplementary contributions on account of litigation or default by the establishment or a claim which has been settled but is received back undelivered not attributable to the member, shall not be transferred to the inoperative account.]

514[(7) The claims, complete in all respects, submitted along with the requisite documents shall be settled and benefit amount paid to the beneficiaries within 30 days from the date of its receipt by the Commissioner. If there is any deficiency in the claim, the same shall be recorded in writing and communicated to the applicant within 515[20 days] from the date of receipt of such application. In case the Commissioner fails without sufficient cause to settle a claim complete in all respects within 516[20 days], the Commissioner shall be liable for the delay beyond the said period and penal interest at the rate of 12% per annum may be charged on the benefit amount and the same may be deducted from the salary of the Commissioner.]

(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 517[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 the period.

(2) Members should satisfy themselves as to the 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. [* * *]518

MISCELLANEOUS

519[(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 separately from the annual report on the work and activities of the Board.

(2) The annual report on the work of the activities of the Board and the audited accounts of the Board together with the report of the Comptroller and Auditor-General of India, as adopted by the Board, shall be authenticated by affixing the common seal of the Board and four copies thereof together with the comments of the Board on the report of the Comptroller and Auditor-General shall be submitted to the Central Government not later than twentieth of December following the close of the financial year concerned for being placed before Parliament:

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 the report of the Comptroller and Auditor-General and the comments of the Board thereon shall be submitted to the Central Government separately from the annual report on the work and activities of the Board.]

The Commissioner shall furnish copies of the member's account and of the annual report of the Fund to employer or member on written application and on payment of such fees and subject to such conditions as may be specified by the Central Board in this behalf.

If any person

520[(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

521[(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

522[(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

523[(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 524[one year, or with fine which may extend to four thousand rupees], or with both.

(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 Scheme as it may consider necessary for the proper implementation of the Scheme or for the purpose of removing any difficulty which may arise in the administration thereof including difficulties in the matter of payment of accumulations in the Fund to members after they cease to be such members.

(2) [* * *]525

(3) The authority to whom any directions are issued under this paragraph shall comply with such directions.

526[Notwithstanding anything contained in this Scheme, the Commissioner may in relation to a 527[factory or other establishment] in respect of which an application for exemption under Section 17 of the Act has been received, 528[* * *] relax, pending the disposal of the application, the provisions of this Scheme in such manner as he may direct.]

529[79-A. Filing application for review. Any person aggrieved by an order made under sub-section (1) of Section 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 Section 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.]

530[79-B. Time-limit for communicating the views of the Central Board to the appropriate Government on a proposal for grant of exemption to an establishment. When an appropriate Government consults the Central Board with regard to its proposal for grant of exemption to an establishment under Section 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.]

531[79-C. Composition of the Board of Trustees of the exempted establishments and the terms and conditions of service of the trustees. (1) The Board of Trustees of the establishment granted exemption under clause (a) of sub-section (2) of Section 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 or 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.

532[* * *]

(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 be nominated or elected in the following manner, namely:

(a) Wherever there is a union recognised by the employer under the Code of Discipline in industry or under any Act, such union shall nominate the representatives of the employees;

(b) where there are more than one trade unions recognised by the employer, the representatives of employees shall be elected by the members of the union in an election to be held for the purpose on any working day;

(c) where there is no union recognised by the employer under the Code of Discipline in industry or under any Act but there are more than one registered unions functioning in the establishment, the union having the largest number of members, subject to a minimum of 15% membership, shall have the right to nominate employees' representatives; and in case there is only one registered union, it shall have the right to nominate the employees' representative, provided it has a minimum of 15% membership.

533[(4) The employer shall be the Chairman of the Board of Trustees. In the event of equality of votes, the Chairman may exercise a casting vote.]

534[(5) The terms of office of the Trustee shall be five years from the date of election or nomination. An outgoing Trustee shall be eligible for re-election or re-nomination. A Trustee elected or nominated to fill the casual vacancy shall hold office for the remaining period of the term of the trustee in whose place he is elected or nominated.]

(6) A person shall be disqualified for being a Trustee if he,

(a) is declared to be of unsound mind by a competent court; or

(b) has been convicted of an offence involving moral turpitude; or

(c) is an undischarged insolvent; or

(d) is an employer of an exempted or unexempted establishment which has defaulted in payment of any dues under the Act.

(7) A person shall cease to be a Trustee of the Board if,

(a) he ceases to be an employee of the establishment; or

(b) he ceases to be a member of the provident fund of the establishment; or

(c) the union on whose behalf he was elected or nominated, ceases to be recognised by the employer; or

(d) he fails to attend three consecutive meetings of the Board without obtaining leave of absence from the Chairman of the Board of Trustees. The Chairman may, however, condone the absence of a Trustee if he is satisfied that there were reasonable grounds for such absence.

(8) The procedure for election or nomination of Trustees, the quorum at the meeting of the Board, records to be kept of the transaction of business and all other matters not specifically provided for in the Scheme shall be regulated as per the provisions of the approved fund rules of the establishment and the guidelines for the functioning of the Board of Trustees of the exempted establishments which the Commissioner may specify, from time to time.

(9) In case of any dispute or doubt, the matter shall be referred to the Regional Provident Fund Commissioner in whose jurisdiction, the Head Office of the establishment is located. The decision of the Commissioner in the matter shall be final and binding.]

535[Chapter X

The Scheme shall, in its application to newspaper establishments and newspaper employees, as defined in Section 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 Paragraph 2(f), the following shall be substituted, namely:

(f) excluded employee means,

536[(i) an employee who, having been member of the Fund, has withdrawn the full amount of his accumulation in the Fund under clause (a) or (c) of sub-paragraph (1) of Paragraph 69;]

(ii) an apprentice.

Explanation. Apprentice means a person who, according to the standing orders applicable to the newspaper establishment concerned, is an apprentice or who is declared to be an apprentice by the authority specified in this behalf by the appropriate Government.

(3) For Para 26, the following shall be substituted, namely

26. Class of employees entitled and required to join the Fund. (1) (a) Every newspaper employee employed to do any work in, or in relation to, any newspaper 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 beginning of the month following that in which this paragraph comes into force in such establishment, if on the date of such coming into force he has completed 537[three months' continuous service] or has actually worked for not less than 538[60 days during a period of three months or less] in that newspaper establishment or in other such establishment [to which the Act applies]539, under the same employer or partly in one and partly in the other 540[or has been declared permanent in any such newspaper establishment, whichever is earliest.]

(b) Every newspaper employee employed to do any work, in or in relation to any newspaper 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 beginning of the month following that in which this paragraph comes into force in such newspaper establishment, if on the date of such coming into force, such employee is a subscriber to a provident fund maintained in respect of the establishment or in respect of another establishment [to which the Act applies]541 under the same employer.

(2) Where the Scheme applies to a newspaper establishment on the expiry or cancellation of an order of exemption under Section 17 of the Act, every employee, who, but for the exemption, would have become and continued as a member of the Fund, shall become a member of the Fund forthwith.

(3) After this paragraph comes into force in a newspaper establishment, every newspaper employee thereof, other than an excluded employee, who has not become a member already shall also be entitled and required to become a member from the beginning of the month following that in which he completes 542[three months' continuous service] or has actually worked for not less than 543[60 days during a period of three months or less] in that establishment or in another such establishment [to which the Act applies]544 under the same employer or partly in one and partly in the other 545[or has been declared permanent in any such newspaper establishment whichever is earliest.]

(4) An excluded employee referred to in clause (ii) of Paragraph 2(f) of a newspaper establishment to which this Scheme applies shall, on ceasing to be such an employee be entitled and required to become a member of the Fund from the beginning of the month following that in which he ceases to be such employee, provided that on the date on which he ceases to be an excluded employee, he has completed 546[three months' continuous service] or has actually worked for not less than 547[60 days during a period of three months or less] in the newspaper establishment or in another such establishment [to which the Act applies]548 under the same employer or partly in one and partly in other 549[or has been declared permanent in any such factory or other establishment whichever is earliest.]

(5) On re-election of a class of newspaper employees exempted under Paragraph 27-A to join the Fund or on the expiry or cancellation of an order under that paragraph, every newspaper employee, who but for such exemption would have become and continued as a member of the Fund, shall forthwith become a member thereof.

(6) Every newspaper employee who is a member of a private provident fund maintained in respect of an exempted newspaper establishment and who, but for the exemption would have become and continued as a member of the Fund shall, on joining a newspaper establishment to which this Scheme applies, become a member of the Fund forthwith.

(7) Notwithstanding the other provisions of this paragraph, a Commissioner may, on a joint request in writing of any newspaper employee of a newspaper establishment to which this Scheme applies and his employer, enrol such employee as a member who shall, thereafter, be entitled to the benefits and shall be subject to the conditions of the Fund:

Provided that the employer gives an undertaking, in writing, that he shall pay the administrative charges payable and comply with all statutory provisions of the Act and this Scheme in respect of such employee.

Explanation I. For purposes of this Paragraph the provision contained in clause (e) of Paragraph 2 shall not apply and continuous service shall mean uninterrupted service but include service which is interrupted by sickness, accident, authorised leave, strike which is not illegal or involuntary unemployment.

Explanation II. In computing the period of work for 550[60 days] under the paragraph

(a) period of involuntary unemployment caused by stoppage of work due to shortage of raw materials or fuel, changes in the line of production, breakdown of machinery or any other similar cause;

(b) periods of authorised leave;

(c) in the case of female employees, periods of maternity leave for any number of days not exceeding twelve weeks, 551[and

(d) Sundays and holidays intervening the days of actual work],

shall also be deemed to be days on which the employee has worked in the 552[establishment].

26-A. Retention of membership. 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 a notification of exemption under Section 17 of the Act or an order of exemption under Paragraph 27 or 27-A.

Explanation. In the case of a 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 authorised to him by the authority specified in this behalf by the Commissioner irrespective of the date of claim.

553[26-B. Resolution of doubts. If any question arises as to whether a newspaper employee is entitled to, or required to become, or continue as, a member, or as to the date from which he is entitled or required to become a member, the same shall be referred to the Regional Provident Fund Commissioner who shall decide the same:

Provided that both the employer and the newspaper employee shall be heard before passing any order in the matter.]

554[The Scheme shall, in its application to Cine-Workers as defined in clause (c) of Section 2 of the Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 (50 of 1981), be subject to the following modifications, namely:

(1) In Chapters I to IX, references to industry and employees shall be construed as references to film production and Cine-Workers , respectively;

(2) for sub-paragraph (f) of Paragraph 2, the following sub-paragraph shall be substituted, 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 clause (a) or clause (c) of sub-paragraph (1) of Paragraph 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 clause (k) of Section 2 of the Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 (50 of 1981) ;

(3) For Paragraph 26, the following paragraph shall be substituted, namely:

26. Class of employees entitled and required to join the fund. (1) (a) Every cine-worker to whom this Scheme applies, other than an excluded employee, shall be entitled and required to become a member of the Fund from the beginning of the month following that in which this paragraph comes into force, if on the date of such coming into force he had worked in not less than three feature films with one or more producers.

Explanation. Feature film means feature film as defined in clause (f) of Section 2 of the Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 (50 of 1981).

(b) Every cine-worker employed to do any work, in or in relation to any feature film in a film production unit to which this Scheme applies, other than an excluded employee, shall be entitled and required to become a member of the Fund from the beginning of the month following that in which this paragraph comes into force in such film production unit, if on the date of such coming into force, such employee is a subscriber to a Provident Fund maintained in respect of the establishment or in respect of another establishment under the same employer.

(2) Where the Scheme applies to a film production unit on the expiry or cancellation of an order of exemption under Section 17 of the Act, every cine-worker who, but for the exemption would have become and continued as a member of the Fund shall become a member of the Fund forthwith.

(3) After this paragraph comes into force in a film production unit, every cine-worker thereof, other than an excluded employee, who has not become a member already shall also be entitled and required to become a member from the beginning of the month following that in which he completes work in three feature films in that production unit or in another such unit (to which the Act applies) under the same producer or partly in one and partly in the other.

(4) An excluded employee referred to in clause (ii) of Paragraph 2(f), of a film production unit to which this Scheme applies shall, on ceasing to be such an employee, be entitled and required to become a member of the Fund from the beginning of the month following that on which he ceases to be such employee, provided that on the date on which he ceases to be an excluded employee, he had worked in not less than three feature films in that production unit to which the Act applies under the same producer or partly in one and partly in the other.

(5) On re-election of a class of cine-workers exempted under Paragraph 27-A to join the Fund or on the expiry or cancellation of an order under that paragraph, every cine-worker, who but for such exemption would have become and continued as a member of the Fund, shall forthwith become a member thereof.

(6) Every cine-worker who is a member of a private Provident Fund maintained in respect of an exempted film production unit and who, but for the exemption, would have become and continued as a member of the Fund shall, on joining a film production unit to which this Scheme applies, become a member of the Fund forthwith.

(7) Notwithstanding the other provisions of this paragraph, a Commissioner may, on a joint request in writing of any cine-worker of a film production unit to which this Scheme applies and his producer, enrol such cine-worker as a member who shall, thereafter, be entitled to the benefits and shall be subject to the conditions of the Fund:

Provided that the producer gives an undertaking, in writing, that he shall pay the administrative charges payable and comply with all statutory provisions of the Act and this Scheme in respect of such cine-worker.

26-A. Retention of membership. 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 a Notification of exemption under Section 17 of the Act or an order of exemption under Paragraph 27 or 27-A.

Explanation. In the case of a 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 authorised to him by the authority specified in this behalf by the Commissioner irrespective of the date of claim.

555[26-B. Resolution of doubts. If any question arises as to whether a Cine-Worker is entitled to, or required to become, or continue as, a member, or as to the date from which he is entitled or required to become a member, the same shall be referred to the Regional Provident Fund Commissioner who shall decide the same:

556Provided that both the film producer and the Cine-Worker shall be heard before passing final order in the matter.]

557[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 with disability, whose pay at the time he is otherwise entitled to become a member of the Fund, exceeds twenty-five thousand rupees per month.

(iii) an apprentice.

(2) In Paragraph 30, after sub-paragraph (3), the following proviso shall be inserted, namely:

Provided that the Central Government shall contribute the employer's share of contribution up to a maximum period of three years from the date of commencement of membership of the Fund, in respect of an employee who is a person with disability, employed directly by the principal employer or through a contractor. .

(3) In Paragraph 34, after the first proviso, the following proviso shall be inserted, namely:

Provided further that in the case of any such employee who is a person with disability, the aforesaid Declaration Form shall further contain such particulars as are necessary for such employees. .

(4) In Paragraph 36, after sub-paragraph (1), the following sub-paragraph shall be inserted, namely:

(1-A) 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 after the 1st day of April, 2008. :

558[Provided that the particulars of disabled employees shall be sent by employer in electronic format also, in such form and manner as may be specified by the Commissioner.]

(5) In Paragraph 38, in sub-paragraph (1), after the second proviso, the following proviso shall be inserted, namely:

Provided also that the Central Government shall pay the employer's share of contribution in respect of an employee who is a person with disability, up to a maximum period of three years from the date of commencement of membership of the Fund. ]

559[82-A. Special provision in respect of Employees' Enrolment Campaign, 2017. (1) The Employees' Enrolment Campaign, 2017 shall come into force on the 1st day of January, 2017 and shall cease to operate on the 560[30th day of June, 2017].

(2) Every employer who has failed to comply with the provisions of this Scheme in relation to membership of employees and contribution thereto to the Fund, shall furnish a declaration in such Form as may be specified by the Central Provident Fund Commissioner, in respect of membership of the employees, who were required or entitled to become members of the Fund for the period beginning the 1st day of April, 2009 and ending the 31st day of December, 2016 but were not enrolled as members for any reason, to the Regional Provident Fund Commissioner.

(3) The employer shall, within fifteen days from the date of furnishing the declaration referred to in sub-paragraph (2), remit the employer's contribution payable in accordance with the provisions of this Scheme and the employee's contribution deducted from the employee's wages along with interest payable in accordance with Section 7-Q of the Act and damages:

Provided that employer shall not be required to pay the employee's contribution if the same has not been deducted from the wages of the employee.

(4) The employer shall, after complying with sub-paragraph (2) and sub-paragraph (3), file a return in such form as may be specified by the Central Provident Fund Commissioner, to the Regional Provident Fund Commissioner.

(5) The employer shall specify the date of eligibility in respect of each employee for membership in the declaration referred to in sub-paragraph (2):

Provided that such declaration shall be valid only in respect of employees who are alive as on the 1st day of January, 2017 and no proceedings under Section 7-A of the Act or under Paragraph 26-B of this Scheme or under Paragraph 8 of the Employees' Pension Scheme, 1995 have been initiated against their establishment or employer, as the case may be, to determine the eligibility for membership of such employees.

(6) If the employer fails to remit the contribution, interest and damages payable by him as referred to in sub-paragraph (3), then, the declaration sent by the employer under sub-paragraph (2) shall be deemed to have not been made by such employer under this Scheme.

(7) Where a declaration under sub-paragraph (2) has been made by misrepresentation or suppression of facts, such declaration shall be void and shall be deemed to have not been made under this Scheme and the person making such declaration shall be liable to penal action in accordance with the provisions of the Act and the Schemes made thereunder.

(8) The exceptions and modifications subject to which the provisions of this Scheme shall apply, in relation to the employees' whose membership have been declared under sub-paragraph (2) as per the Employees' Enrolment Campaign, 2017, shall be as follows, namely

(a) in Paragraph 30, after sub-paragraph (1), the following proviso shall be inserted, namely

Provided that, for the purpose of increasing coverage and extension of benefits under the Act and Schemes made thereunder, the member's contribution is waived under Employees' Enrolment Campaign, 2017 for the period beginning the 1st day of April, 2009 and ending the 31st day of December, 2016:

Provided further that such waiver shall be applicable only if the member's contribution has not been recovered from such member's wages. .

(b) in Paragraph 32-A, in sub-paragraph (1), for the Table, the following Table shall be substituted, namely

(Applicable for remittances in respect of valid declarations under Employees' Enrolment Campaign, 2017)

(c) for Paragraph 39, the following paragraph shall be substituted, namely

39. Fixation of administrative charges. The administrative charges payable under Employees' Enrolment Campaign, 2017 for the period 1st April, 2009 to the 31st December, 2016 under sub-paragraph (1) of Paragraph 38 shall be nil. ]

561[The Scheme, shall, in its application to International Workers as defined in this paragraph, be subject to the following modifications, namely

(1) For clause (f) of Paragraph 2, the following clause shall be substituted, namely

562[(f) excluded employee means,

(i) an International Worker, who is contributing to a social security programme of his country of origin, either as a citizen or resident, with whom India has entered into a social security agreement on reciprocity basis and enjoying the status of detached worker for the period and terms, as specified in such an agreement; or

(ii) an International Worker, who is contributing to a social security programme of his country of origin, either as a citizen or resident, with whom India has entered into a bilateral comprehensive economic agreement containing a clause on social security prior to 1st October, 2008, which specifically exempts natural persons of either country to contribute to the social security fund of the host country;]

(2) After clause (j) of Paragraph 2, the following clause shall be substituted, namely

(ja) International Worker means,

(a) an Indian employee having worked or going to work in a foreign country with which India has entered into a social security agreement and being eligible to avail the benefits under a social security programme of that country, by virtue of the eligibility gained or going to gain, under the said agreement;

(b) an employee other than an Indian employee, holding other than an Indian passport, working for an establishment in India to which the Act applies:

563[Provided that the worker who is a Nepalese national on account of Treaty of Peace and Friendship of 1950 and the worker who is a Bhutanese national on account of India-Bhutan Friendship Treaty of 2007, shall be deemed to be an Indian worker;]

(3) For Paragraphs 26, 26-A and 26-B, the following paragraphs shall be substituted, namely

26. Class of International Workers entitled and required to join the Fund. (1)(a) Every International Worker (other than an excluded employee), employed as on 1st day of October, 2008, in an establishment to which this Scheme applies, shall be entitled and required to become a member of the Fund with effect from the 1st day of November, 2008.

(2) Every International Worker (other than an excluded employee), employed after the 1st day of October, 2008 in an establishment to which this Scheme applies, who has not become a member already shall be entitled and required to become a member of the Fund from the date of his joining the establishment.

(3) Where the Scheme applies to an establishment on the expiry or cancellation of an order of exemption under Section 17 of the Act, every International Worker who, but for the exemption would have become and continued as a member of the Fund shall become a member of the Fund forthwith.

(4) An excluded employee of an establishment to which this scheme applies shall, on ceasing to be such an employee, be entitled and required to become a member of the Fund from the date he ceases to be such employee.

(5) On re-election of a class of International Workers exempted under Paragraph 27-A to join the Fund or on the expiry or cancellation of an order under that paragraph, every International Worker, who but for such exemption would have become and continued as a member of the Fund, shall forthwith become a member thereof.

(6) Every International Worker who is a member of a private provident fund maintained in respect of an exempted establishment and who, but for the exemption, would have become and continued as a member of the Fund shall, on joining an establishment to which this Scheme applies, become a member of the Fund forthwith.

26-A. Retention of membership. 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 a notification of exemption under Section 17 of the Act or an order of exemption under Paragraph 27 or 27-A or the benefits are settled in terms of the relevant provisions under the social security agreement entered into between India and his country of origin.

564[26-B. Resolution of doubts. If any question arises as to whether an International Worker is entitled to, or required to become, or continue as, a member, or as to the date from which he is entitled or required to become a member, the same shall be referred to the Regional Provident Fund Commissioner who shall decide the same:

Provided that both the employer and the International Worker shall be heard before passing any order in the matter and such hearing, if any, shall be in India.]

(4) In Paragraph 29, in sub-paragraph (1), after the points, the following proviso shall be inserted, namely

Provided further that where wages are paid in a currency other than in the Indian Rupee, the rate of conversion of that currency shall be the telegraphic transfer buying rate offered by the State Bank of India established under the State Bank of India Act, 1955 (23 of 1955) for buying such currency on the last working of the month for which the wages are due. .

(5) For Paragraph 36, the following paragraph shall be substituted, namely

36. Duties of employer. (1) Every employer of an establishment to which this Scheme applies shall send to the Commissioner within fifteen days from the application of the Scheme to such establishment, a consolidated return in such form as the Commissioner may specify, of the International Workers (indicating distinctly the nationality of each and every International Worker) 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 International Worker:

Provided that if there is no International Worker who is required or entitled to become a member of the Fund, the employer shall send a NIL return.

(2) Every employer shall send to the Commissioner, within fifteen days of the close of each month, a return

(a) in Form 5 of the International Workers qualifying to become members of the Fund for the first time during the preceding month together with the declarations in Form 2 furnished by such qualifying International Workers (indicating distinctly the nationality of each and every International Worker), and

(b) in such form as the Commissioner may specify, of the International Workers (indicating distinctly the nationality of each and every International Worker) leaving service of the employer during the preceding month:

Provided that if there is no International Worker qualifying to become a member of the Fund for the first time or there is no International Worker leaving service of the employer during the preceding month, the employer shall send a NIL return. :

565[Provided further that a copy of the forms as mentioned in clauses (a) and (b) above shall be provided by the employer to concerned employees immediately after joining the service or at the time of leaving the service, as the case may be.]

(6) For Paragraph 69, the following paragraph shall be substituted, namely

69. Circumstances in which accumulations in the Fund are payable to an International Worker. (1) An International Worker may withdraw the full amount standing to his credit in the Fund

(a) on retirement from service in the establishment at any time after the attainment of 58 years;

(b) on retirement on account of permanent and total incapacity for work due to bodily or mental infirmity duly certified by the medical officer of the establishment, or where an establishment has no regular medical officer, by a registered medical practitioner designated by the establishment:

Provided that

(i) where an establishment has been closed, the certificate of any registered medical practitioner may be accepted;

(ii) where the establishment is covered by the Employees' State Insurance Scheme, medical certificate from a medical officer of the Employees' State Insurance Dispensary with which or from the Insurance Medical Practitioner with whom the employee is registered under the Scheme, shall be produced;

(iii) where by mutual agreement of employers and employees, a Medical Board exists for any establishment or a group of establishments, a certificate issued by such Medical Board may also be accepted for the purposes of this sub-paragraph.

(2) It shall be open to the Regional Commissioner to demand from the member a fresh certificate from a Civil Surgeon or any doctor acting on his behalf where the original certificate produced by him under clause (b) of sub-paragraph (1) gives rise to suspicion regarding its genuineness:

Provided that the entire fee of the Civil Surgeon or any doctor acting in his behalf shall be paid from the Fund in case the findings of the Civil Surgeon or any doctor acting on his behalf agree with the original certificate, and that where such doctor acting in his behalf agree with the original certificate, and that where such findings do not agree with the original certificate, only half of the fee shall be paid from the Fund and the remaining half shall be debited to the member's account.

(3) A member suffering from tuberculosis or leprosy or cancer, even if contracted after leaving the service of an establishment on grounds of illness but before payment has been authorised, shall be deemed to have been permanently and totally incapacitated for work.

566[(4) In respect of a member covered under social security agreement entered into between Government of India and any other country, on ceasing to be an employee in an establishment covered under the Act.] .

(7) For Paragraph 72, the following paragraph shall be substituted, namely

72. Payment of Provident Fund. (1) When the amount standing to the credit of a member becomes payable, it shall be the duty of the Commissioner to make prompt payment as provident in the Scheme.

567[(2) The due amount in respect of the member shall be payable in the payees' bank account directly or through the employer.]

(3) In all the other cases, the amount due shall be payable to the credit of the payee's bank account in India. .

(8) After Paragraph 78, the following paragraph shall be inserted, namely

78-A. Performing certain special functions under social security agreements. The Commissioner shall perform all such functions as are assigned to the Employees' Provident Fund Organisation under a social security agreement entered into between by the Government of India and any other country, in the manner and as per the terms specified therein. .]

568[Form 1

The Employees' Provident Funds Scheme, 1952

I hereby apply for exemption from the operation of all or the following provisions of the Scheme:

(a) . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . .

(c) . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . .

1. Name. . . . . . . . . . . . . . . . . .

(in block letters)

2. Occupation. . . . . . . . . . . . . .

3. Sex . . . . . . . . . . . . . . . . . . . .

4. Religion . . . . . . . . . . . . . . . . .

5. Father's Name. . . . . . . . . . . .

6. Husband's name (for married women only) . . . . . . . . . . . . . . . . . .

7. Permanent Address . . . . . . . . . . . . . . . . . .

8. Details of the Provident Fund, gratuity or old age pension. . . . . . . . . . . . . . . . . .

I declare that all the particulars stated above are true to the best of my knowledge and belief.

Dated . . . . . . . . . . . . . . . . . . . . . 20

569[Signature or left hand thumb impression in case

of both female and male members of the Fund.]

Certified that the above declaration has been signed by . . . . . . . . . employed in . . . . . . . . . before me and that he/she is getting the benefits of provident fund, gratuity or old age pension as above.

Dated . . . . . . . . . . . . . . . . . . . . . . . . .

Signature of the Manager or other

authorised officer of the Factory/Establishment.

Registered No. of the Factory/

Establishment.]

Here give the name and address of the factory or other establishment in which employed.

[Paragraphs 33 & 61(1) of the Employees' Provident Funds Scheme, 1952 and Paragraph 18 of the Employees' Pension Scheme, 1995]

1. Name (in block letters)

2. Father's/Husband's Name

3. Date of Birth

4. Sex.

5. Marital Status

6. Account No.

7. Address:

Permanent

Temporary

8. (A) Date of Joining of EPF Scheme, 1952

(B) Date of Joining of EPF Scheme, 1971

(C) Date of Joining of EPF Scheme, 1995 .

PART A (EPF)

I hereby nominate the person(s)/cancel the nomination made by me previously and nominate the person(s), mentioned below to receive the amount standing to my credit in the Employees' Provident Fund, in the event of my death:

1. *Certified that I have no family as defined in Para 2(g) of the Employees' Provident Funds Scheme, 1952 and should I acquire a family hereafter the above nomination should be deemed as cancelled.

2. *Certified that my father/mother is/are dependant upon me.

*Strike out whichever is not applicable.

Signature or thumb impression of the subscriber.

PART B (EPS)

(Para 18)

I hereby furnish below particulars of the members of my family who would be eligible to receive Widow/Children Pension in the event of my death.

*Certified that I have no family as defined in Para 2(vii) of the Employees' Pension Scheme, 1995 and should I acquire a family hereafter, I shall furnish particulars thereon in the above form.

I hereby nominate the following person for receiving the monthly widow pension admissible under Para 16(2)(a) (i) & (ii) in the event of my death without leaving any eligible family member for receiving pension.

Date:

CERTIFICATE BY EMPLOYER

Certified that the above declaration and nomination has been signed/thumb impressed before me by Shri/Smt/Km . . . . . . . . . . . . . . . . . . . . . . employed in my establishment after he/she has read the entries. The entries have been read over to him/her by me and got confirmed by him/her.

570[Form 3

(For Unexempted Establishments only)

(Paragraphs 35 and 42 of the Employees' Provident Funds Scheme, 1952)

1. Account No.

2. Name . . . . . . . . . . . . . . . . Surname

(In Block Capitals)

3. Father's/Husband's name

4. Name and address of Factory/Establishment

5. Statutory rate of contribution

6. Voluntary higher rate of employee's contribution, if any

7. Age

8. Occupation/Job

9. Income per month

10. Permanent/Temporary/Contractual

(For Unexempted Establishments only)

(Paras 35 & 42 of the Employees' Provident Funds Scheme, 1952 and Para 19 of The Employees' Pension Scheme, 1995)

1. Account No.

2. Name/Surname (in block capitals)

3. Father's/Husband's Name

4. Name & Address of the Factory/Establishment

5. Statutory rate of the Contribution

6. Voluntary higher rate of employee's contribution, if any

Certified that the total amount of contributions (both shares) indicated in this card i.e. Rs . . . . . has already been remitted in full in EPF A/c No. 1 and Pension Fund A/c No. 10 . . . . . . . . . . . . (vide note below).

Certified that the difference between the total of the contribution shown under Cols. 3 & 4(a) & 4(b) of the above table and that arrived at on the total wages shown in Column 2 at the prescribed rate is solely due to rounding off of contributions to the nearest rupee under the rules.

. Rates now enhanced by EPF (Amendment) Act, 1998.

Note. (1) In respect of the Form (3-A) sent to the Regional Office during the course of the currency period for the purpose of final settlement of the accounts of the member who has left service, details of date and reasons for leaving service should be furnished under col. 7(a) & (b).

(2) In respect of those who are not members of the Pension Fund, the employer's share of contribution to the EPF will be 12%, 10% or 8.33% as the case may be and is to be shown under Column 4(a).

(Paragraphs 35 and 42 of the Employees' Provident Funds Scheme, 1952)

1. Account No.

2. Name (in block capitals) Surname

3. Caste

4. Sex

5. Date of birth as given in Form 2

6. Occupation

7. Father's name

8. Husband's name

(for married women only)

9. Marital status

(whether bachelor, spinster, married, widow or widower)

10. Permanent Address

Village .Thana Taluk/Sub-Division

District .State .

11. Signature or left hand thumb impression of member

12. Signature of person preparing the card

13. Signature of the Manager of the 571[factory or other establishment]

14. Registered Number of the 572[factory or other establishment]

15. Name and address of the 573[factory or other establishment]

574[* * *]

[Paragraph 36(2)(a) of the Employees' Provident Funds Scheme, 1952 and Para 20(4) of the Employees' Pension Scheme, 1995]

(To be sent to the Commissioner with Form 2 (EPF & EPS)

Name and Address of the Factory/Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Code No. of Factory/Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature of the Employer or other authorised officer

of the Factory/Establishment.

Stamp of the Factory/Establishment

Date . . . . . . . . . . . . .

(For exempted/unexempted Establishments)

(Paragraph 36-A of the Employees' Provident Funds Scheme, 1952 and Paragraph 21 of the Employees' Pension Scheme, 1995 and Paragraph 1 of the Employees' Deposit-linked Insurance Scheme, 1976)

1. Name of the establishment

2. Code Number of the establishment under the U.P./Employees' Provident Funds and Miscellaneous Provisions Act, 1952

3. Postal address of the establishment and its branches/departments, if any

4. Industry or business in which engaged

5. Date of first commencement of production/business (Trial/Regular)

6. Date of closure by the previous management

7. Whether run by the owners or lessees (if by lessees, period of the lease should be indicated)

8. Particulars of owners

*Whether Proprietor, Partner, Managing Partner, Managing Director, Director

9. If on lease, particulars of lessees:

10. If registered under the Factories Act, particulars of the Manager/Occupier.

11. Particulars of the persons mentioned above, who are in charge of and responsible for the conduct of the business of the establishment.

Signature of the Employer

Designation

Seal of the establishment

Dated . . . . . . . . . . . . . 20 . . . .

Note. Any change in the information given above should be intimated in writing to the Regional Commissioner within fifteen days of such change by registered post and in the prescribed manner under copy to the Provident Fund Inspector.

(Paragraph 43 of the Employees' Provident Funds Scheme, 1952)

Return of the Contribution Cards sent to the Commissioner on the expiry of the period of currency from the . . . . . . . . . . . . . . . . . to the. . . . . . . . . . . . . . . . . . .

Name and Address of the Factory/Establishment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Code No. of the Factory/Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[Paragraph 43 of the Employees' Provident Funds Scheme, 1952 and Paragraph 20(4) of the Employees' Pension Scheme, 1995]

Reconciliation of Remittances

Remarks: (1) Total number of contribution cards enclosed (Form 3-A Revised).

(2) Certified that Form 3-A, duly completed, of all the members listed in this statement are enclosed, except those already sent during the course of the currency period for the final settlement of the concerned member's account vide Remarks furnished against the names of the respective members above.

Signature of Employer (with Office Seal)

Notes. (1) The names of all the members, including those who had left service during the currency period, should be included in this statement. Where the Form 3-A in respect of such members who had left service was already sent to the Regional Office for the purpose of final settlement of their accounts, the fact should be stated against the members in the Remarks column above thus:

Form 3-A already sent in the month of . . . . . . . . . . . . . . . . 20 .

(2) In case of substantial variation in the wages/contributions of any members as compared to those shown in the previous month's statement the reason should be explained adequately in the Remarks column.

(3) In respect of those members who have not opted for Pension Fund their entire employer's contribution @ 10% or 12% as the case may be shown under Column No. 6.

[* * *]575

[* * *]576

577[Form 9

(Paragraph 79-A)

1. Name of the Applicant

2. Designation of the applicant or his relationship with the factory/establishment (Whether Owner/Partner/Director/Manager, etc. to be indicated.)

3. Name and complete address of the factory/establishment

4. Address of the employer for service of notice/summons

5. Particulars of the order against which the review application is filed:

(i) Order No.

(ii) Date of order

(iii) Passed by

(iv) Subject in brief

6. Main ground(s) on which the application for review has been made and the relief(s) sought. (If necessary, attach a duly signed statement with copies of the documents relied upon marked as A-1, A-2, A-3 and so on.)

VERIFICATION

I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (name of the applicant), S/o, D/o, W/o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . age . . . . . . . . . . . . working as . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . resident of . . . . . . . . . . . . . . . . . . . . . . . . . . . do hereby verify that the contents of particulars given at Sl. Nos. 1 to 6 above are true to the best of my knowledge and belief and I have not suppressed any material fact, I further declare that:

(i) I am filing the application within 45 days from the date of the original order.

(ii) I have not preferred any appeal against the original order under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

(iii) I am filing with this application, the original document authorising me to represent the aggrieved person (applicable only in cases where the application is filed by agent, advocate or other representative).

578[* * *]

579[* * *]

(Paragraph 38(2) of the Employees' Provident Funds Scheme, 1952)

Wage Period From . . . . . . . . . . . . . . . . . . . . . to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name and address of the establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Code No. of the Establishment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Total amount of contributions including refund of advances . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Administrative charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Total amount deposited in (i) Account No. 1 Rs. . . . . . . . . . . . . .

(ii) Account No. 10 Rs. . . . . . . . . . . . .

Bank in which deposited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

No. and date of Bank Draft/Cheque Reserve Bank of India . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N.B. (1) The names of existing members should be shown in the list of each month in the consecutive serial order of the account numbers. New members whose names are shown in this return for the first time should be shown at the end with a heading NEW MEMBERS . In the case of members transferred from another factory/establishment the name of the factory/establishment from which transferred should be given in the Remarks column.

(2) Mention should be made in Column No. 8 above, about member's rate of voluntary contribution.

(3) Variation in wages/contribution with that of previous month should be explained suitably in the Remarks column.

(For Unexempted Establishments only)

(Paragraph 38(2) Proviso of the Employees' Provident Funds Scheme, 1952)

Name and address of the establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Code No. of the Establishment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1. Total amount remitted in Account No. 1 Rs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .

Date of remittance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. Total amount remitted in Account No. 10 Rs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date of remittance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

No. as per last month's return

(+) No. of New Subscribers vide Form 5

( ) No. of Subscribers left service vide Form 10

*Net Total

This should tally with the figure given at the top

right hand corner of this Form

Total No. of Employees. . . . . . . . . . . . . . . . . . . .

ContractRestTotal

Total No. of Subscribers . . . . . . . . . . . . . . . . . . .

Currency period from 1st April, 20.

to 31st March, 20.

Statutory Rate of Contribution. . . . . . . . . . . . . .

No. of members voluntarily contributing at higher than the statutory rate . . . . . .

Signature of the Employer

(with official seal)

Date . . . . . . . . . .

Notes. (1) If there is any substantial variation between the wages and amount of contribution shown above and those shown in the last month's return suitable explanation should be given in the Remarks column.

(2) If any arrears of contributions or damages are included in the figures under Columns 6 to 8, suitable details indicating the circumstances, amount, No. of subscribers and the period involved should be furnished in the Remarks column or on the reverse.

(3) Remittance shall invariably be made by deposits in the State Bank of India or its subsidiaries.

For Office use only

Date Seal/Reg. No. . . . . . . . . . .

(Para 57 of the Employees' Provident Funds Scheme, 1952)

Note: (i) To be submitted by the member to the present employer for onward transmission to the Commissioner, EPF by whom the transfer is to be effected.

(ii) In case the P.F. transfer is due from the P.F. Trust of an exempted establishment the Application should be sent direct by the employer to the P.F. Trust of the exempted establishment, with a copy to the RPFC concerned for details of the Family Pension membership.

Sir,

I request that my Provident Fund balance along with the Membership details in Family Pension Fund may please be transferred to present account under intimation to me. Necessary particulars are furnished below:

Date:

To be filled in by the present employer:

A sum of Rs . . . . . . . . . . . . . . . . . . . . . . . . . (Rupees . . . . . . . . . . . . . . . . . . . . . . . . .) is authorised for transfer, vide Annexure, K (Revised) Transfer Proceeds to be sent along with Annexure K (Revised)

By D.D. to the Regional P.F. Commissioner Officer-in-charge of Sub-Regional Office . . .

By D.D. to the P.F. Trust of the establishment with reference to details in Serial No. 14 above

Membership details under Family Pension Fund forwarded to P.F. Regional Office/Sub-Regional Office at . . . . . . . . . .

By transfer entries to the Member's Ledger Card bearing Number . . . . . . . . . . . . . . . in the present establishment from the Ledger Card bearing Number . . . . . . . . . . . . of the previous establishment . . . . . . . . . . . . .

Transfer intimation/copy of Annexure K (Revised) to the member placed below.

THE EMPLOYEES PROVIDENT FUND SCHEME, 1952

(Para 57)

To

The Commissioner,

Employees' Provident Fund

..

Sir,

I request that the Provident Fund and Family Pension Account may please be Transferred to my present account under intimation to me. Necessary particulars regarding Provident Fund and Family Pension Fund are furnished below:

1. Name .

2. Father's name (or husband's name in case of married woman) ..

3. Name and address of previous employer, whether unexempted/exempted/uncovered .

4. (a) Previous Provident Fund Account No ..

(b) Previous Family Pension Fund Account No .

5. Date of leaving service with previous employer

6. Name and address of the employer

7. Whether unexempted/exempted/uncovered .

8. (a) Present Provident Fund Account No .

(b) Present Family Pension Fund Account No. (if any) .

9. Date of joining with present employer

*Signature or left/right-hand thumb

impression of the member

Forwarded with the particulars furnished above duly verified. **(The rules of our private provident fund permit such transfer and hence the transfer may be made. The cheque may be drawn in favour of including/excluding bank collection charges.)

Signature of employer or other authorised officer

of the factory/establishment with official seal

*Left-hand thumb-impression in the case of illiterate male member and right-hand thumb impression in the case of illiterate female member.

**Will apply in case of transfer to uncovered establishment.

Note. In case of transfer to provident fund accumulation to uncovered establishment, the benefit under Family Pension Fund Scheme should be paid to the member.

(Paragraph 62 of the Employees' Provident Funds Scheme, 1952)

To

The Commissioner,

Employees' Provident Fund,

. . . . . . . . . . . . . . . . . . . .

I . . . . . . . . . . . . . . . . . . . . . . . son/daughter/wife/of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Name in block capitals)

an employee of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . authorise

(Name of the establishment)

the Commissioner to

(i) withdraw a sum of Rs. . . . . (Rupees. . . . . .) from my Provident Fund Account No. . . and remit the same to the Life Insurance Corporation of India towards the initial premium in respect of my Life Insurance Policy/proposal for Life Insurance details of which are given herein

(ii) make periodical withdrawal of Rs. . . . . .(Rupees. . . . . .) from my Provident Fund Account No. . . . . . each time the premium falls due for payment and remit the same to the Life Insurance Corporation of India towards the premia in respect of my Life Insurance Policy, details of which are given herein, so as to reach the said Corporation within the time allowed for such payment;

(iii) to convert the said insurance policy into a paid-up one when the credit in my provident fund relating to my own contribution becomes inadequate for the payment of any premium, unless the payment of further premium is arranged by me with the Life Insurance Corporation of India and I inform the Regional Commissioner accordingly;

(iv) to pay late fees and/or interest of my own contribution in my provident fund account. If any premium cannot be remitted to the said Corporation in time because of delay in sending to the Commissioner the policy duly assigned to the Central Board of Trustees of the Employees' Provident Fund or any other reason for which I or my employer may be responsible.

2. I accept that

(i) The authorisation at Para I(ii) above shall be effective only when my life insurance policy duly assigned to the Central Board of Trustees, Employees' Provident Fund has been received by the Commissioner after proper registration of the assignment in the books of the said Corporation.

(ii) The said authorisation shall thereafter remain operative till such time as I continue to be a member of the fund and have enough accumulations to my credit as my own share in the fund, or till the maturity of the policy, whichever is earlier.

(iii) The terms of the policy shall not be altered nor shall the policy be exchanged for another policy without the prior written consent of the Regional Commissioner.

3. The policy is enclosed for inspection/will be forwarded when received/has already been assigned to the Central Board of Trustees of the Employees' Provident Fund and accepted by the Commissioner vide his letter No. . . . . ., dated the . . . . . . .

4. I am aware that the policy is to be assigned to the Central Board of Trustees of the Employees' Provident Fund as Security within six months of the date of the first remittance by the fund to the said Corporation and sent to the Commissioner after registration of the assignment in the books of the said Corporation.

5. I declare that

(a) I have been a member of the fund for the period of not less than two years which is the minimum period for being eligible for financing the insurance policy from the fund.

(b) The amount standing to my credit in my E.P.F. Account (my own share) is Rs. . . . . . as on. . . . . . . which is sufficient for making payment to L.I.C. for two years.

(c) My annual contribution to the fund is Rs. . . . which is sufficient to pay my yearly premia.

(d) I propose to nominate the same person as for the P.F.

6. I also declare that the policy is free from any encumbrances and the details of the *policy/proposal given herein are correct to the best of my knowledge.

7. Details of the *policy/proposal:

(i) Address of the Branch office or unit of the Life Insurance Corporation where the policy account * is to be maintained.

(ii) *Policy/proposal No. & date.

(iii) Sum assured/proposal to be assured.

(iv) Probable date of purchase of the policy.

(v) Whether the proposal has been accepted and if so, by what date the first premium is to be paid.

(vi) Cost of the policy (in the case of single payment policies).

(vii) Amount of yearly premia.

(viii) Due date(s) for payment of premium.

(ix) Date of payment of last premium.

(x) Whether age has been admitted. If not state the nature of proof presented to Life Insurance Corporation.

(xi) Name(s) of the nominee(s) under Section 39 of the Insurance Act, 1938.

(xii) Guardian appointed under Section 39 of the Insurance Act, 1938 in respect of minor nominees, if any.

(xiii) Details of any previous policy already assigned to the C.B.T.

Certified that I have not withdrawn any amount previously for financing out of my provident fund account.

(xiv) Remarks.

Certified that this form has been *signed/thumb impressed before me by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Name of member)

Account No. . . . . . . . employed . . . . . . . . . . . . .

(Name of establishment).

*Delete portion if not applicable.

**Left hand thumb impression in the case of illiterate male member and right hand thumb impression by illiterate female member.

(Accounts Section)

Please furnish the following information in respect of the subscriber:

The above case has been examined vide Paras 62 to 64 of the Employees' Provident Funds Scheme, 1952. A sum of Rs. . . . . . (Rupees. . . . . . .) may be paid.

D.P. Sheet prepared and put up for signature

The Employees' Provident Funds Scheme, 1952

I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s/d/w of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . hereby assign unto the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Trustees, Employees' Provident Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . within the policy of assurance as security for payment of all sums which under Paragraphs 67(1) and 68 of the Employees' Provident Fund Scheme, I may hereafter become liable to pay to the Fund.

I herewith certify that no prior assignment of the within policy exists dated . . . . . . . . . . . . . . . this . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Station . . . . . . . . . . . . . . . .

Account No. . . . . . . . . . . . . . . . .

*Signature or left/right hand thumb impression of the member.

Witness

Certified that this Form has been signed before me by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . employed in . . . . . . . . . . . . . . . .

Regd. No. of the Factory/Establishment

Code No. of the Factory/Establishment

Dated . . . . . . . . . . . . . . . . 20

Signature of the Employer or any Authorised Officer

Designation . . . . . . . . . . . . . . . . . . . . . . . . . .

Stamp of the Establishment.

Note. (1) The Policy is required to be assigned within six months after the first withdrawal in respect of it by endorsement thereon in terms of the above Form.

(2) While assigning the Policy the notice hereunder should be given to the Life Insurance Corporation.

To

The Divisional Manager,

The Life Insurance Corporation of India.

Unit . . . . . . . . . . . . . . . .

Subject: Assignment of Policy No. . . . . . . . . . . . . . . . .

Notice is hereby given that policy No. . . . . . . . . . . . . . . . . for Rs. . . . . . . . . . . . . . . . . . . . . . .

on the life of Shri/Shrimati . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as on this . . . . . . . . . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . 20. . . . . . . been assigned in favour of Central Board of Trustees, Employees' Provident Fund by Shri/Shrimati . . . . . . . . . . . . . .

2. The said policy is enclosed. Please have the assignment registered in books and return the policy to the Regional Provident Fund Commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . State.

(give complete address)

Yours faithfully,

Signature of the Assignee

Full address

* Left hand thumb impression in the case of illiterate male member and right hand thumb impression in the case of female member.

The Employees' Provident Funds Scheme, 1952

PART I

(To be completed by the member)

(1) Name of the member (in block letters). . . . . . . . . . . . . . . .

(2) Father's name (or husband's name in the case of married woman). . . . . . . . . . . . . . .

(3) Name of the Factory/Establishment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Account No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Rate of monthly basic wages and dearness allowance . . . . . . . . . . . . . . . . . . . . . . .

(6) Amount of advance required.. . . . . . . . . . . . . . . .

(7) Purpose for which advance is required:

*(a) Purchasing a dwelling-house.

*(b) Purchasing a dwelling site.

*(c) Construction of a dwelling-house.

*(d) Addition/substantial alteration or substantial improvements necessary to the dwelling-house owned by member.

*(e) completing the construction of the dwelling-house already commenced by member.

*(f) Acquiring a flat in a building.

(8) Whether any advance has been sanctioned for any of the purposes mentioned against Serial No. 7. If so, the date of sanction thereof . . . . . . . . . . . . . . . . . . .

(9) Area and location of the dwelling site/house intended to be purchased/constructed/already purchased/constructed. Whether the site purchased/intended to be purchased/constructed is within or outside municipal area . . . . . . . . . . . . . . .

(10) Name and address of the present owner of the dwelling site/house intended to be purchased . . . . . . . . . . .

(11) Present state of the dwelling-house or the stage at which the construction is now on [to be filled in if the advance is required for purpose (d) or (e) mentioned against Serial No. 7 . . . . . . . . . . . . . . .]

(12) Desired mode of remittance and the address to which remittance is desired:

*(a) By postal money order at member's cost.

*(b) By crossed cheque through post. (Please send advance receipt in the enclosed form).

(13) List of Documents to be enclosed in case of 7(a) and 7(b)

(i) Title Deed of proposed seller.

(ii) Non-encumbrance certificate in respect of the dwelling site/house to be purchased.

(iii) Agreement with the vendor for the purchase of site/house.

(iv) An estimate of the cost of construction in the case of the advance for the construction of the house.

7(c) and 7(d)

(i) Original title deed for certificate from appropriate revenue authority regarding ownership and non-encumbrance of the land.

(ii) Sanctioned construction plan.

* Delete items if not applicable.

(14) I undertake to comply with the following conditions:

(i) The amount of advance shall be utilised for the purpose applied for.

(ii) If the amount of advance is in excess of the actual expenditure incurred for the purpose for which the advance was granted the excess shall be refunded to the Fund within 30 days of the finalisation of the purchase or completion of the construction or completion of the additions to the dwelling-house as the case may be.

(iii) If the advance is for construction of dwelling-house, the construction shall be commenced within six months of the withdrawal of the first instalment and completed within six months of the final instalment.

(iv) If the advance is for the purchase of a dwelling site or house, the purchase shall be completed within six months of the withdrawal.

(v) The amount of the advance shall not be utilised for constructing a dwelling-house on land which is not owned solely by me.

(vi) The amount of advance shall not be utilised in purchasing a dwelling site or house which is not free from encumbrances and which is a share in a joint property.

(vii) Such title deeds, plans, other documents and information related to the intended purchase, construction or addition as may be called for by Commissioner from time to time shall be furnished to him on demand.

(viii) A declaration in the form prescribed by the Commissioner shall be furnished to him immediately on finalisation of the purchase or completion of the construction or addition to the house.

(ix) If the purchase or construction for which the advance is granted does not materialise or if there is any breach of the conditions specified herein or in the EPF Scheme the entire amount of the advance together with interest thereon at the rate of 6-1/4% per annum shall be refunded to the Fund.

DECLARATION

(15) I declare that

(i) I have not taken any advance from the fund under Paragraph 68-C of the EPF Scheme.

(ii) The dwelling site/house intended to be purchased out of the advance applied for is free from encumbrances and is not a share in joint property.

*(iii) Without the further advance now applied for the construction already commenced cannot be completed/the additions which are essential cannot be made.

(iv) I am the sole owner of the land on which I intend to construct a dwelling-house out of the advance applied for.

(v) I have not taken any advance from the Fund under Paragraph 68-B/68-B(5).*

(vi) All requirements of the local authorities in connection with the intended construction/purchase have been satisfied.

* Delete terms if not applicable

PART II

(To be filled in by the employer)

Certified that the application has been signed by . . . . . . . .. . . . . . . . . . . employed in my factory/establishment after *he/she has read the contents/the contents have been explained to him/her by me and that the Account No. and the rate of monthly basic wages given in the application are correct. Following documents furnished by him are enclosed herewith:

*(i) Original title deed.

*(ii) Non-encumbrance certificate in respect of the dwelling site/house to be purchased, duly signed with official seal from appropriate revenue authorities.

*(iii) Extract of Property Register/VII/XII duly signed with official seal by appropriate revenue authority.

*(iv) Agreement with the vendor for the purchase of the site/house.

*(v) Sanctioned construction plan and an estimate of the cost of construction in the case of the advance for construction of the house.

*(vi) Non-agricultural use certificate from appropriate revenue authority (in respect of agricultural land) on which dwelling-house is proposed to be constructed.

*(vii) Bank advance receipt duly **signed by the applicant.

Date . . . . . . . . . . .

Signature of the employer or an authorised official

of the factory/establishment

Regd. No. of the factory/Establishment

Designation of the signing official with

stamp of the factory/establishment

Code No. of the factory/Establishment

*Delete items if not applicable.

**Left hand thumb impression in the case of illiterate male member and right hand thumb impression by illiterate female member.

PART III

(For use in Regional Commissioner's Office)

(a) Years of service put in by the member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) Total of accumulations standing to the credit of the member as his own share of contribution . . . . . . . . . . . . . . . . as on . . . . . . . . . . . . . .

(c) Whether in case of construction of house any proof to show that the land belongs to the member of his/her spouse has been submitted . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) Original title deed.

(ii) Non-encumbrance certificate from appropriate revenue authority.

(d) Whether in case of purchase of dwelling site/house title deed of the proposed seller has been produced along with an agreement with the vendor for the purchase of site/house as the case may be.

(e) Recommendations by the clerk with his dated initials.

(f) Recommendations by the H.C. with his dated initials.

(g) Recommendations by the Accounts Officer.

(h) Orders of the Regional Commissioner.

[Not printed]

(Paragraph 72(5) of Employees' Provident Funds Scheme, 1952)

( Refer to Instructions )

1. Name of the member (in Block Letters)

2. Father's Name (or husband's name in the case of married woman)

3. Name and address of the Factory/Establishment in which the member was last employed

4. Account No.

5. Date of leaving service

6. Reason for leaving service

Certified that the particulars are true to the best of my knowledge

Date of Joining the Establishment . . . . . . . . . . . . . . . . . . . . . . . . .

Date of Leaving Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contribution for the current financial year

(Information to be furnished by the employer if the claim form attested by the employer)

Certified that the above contributions have been included in the regular monthly remittance.

The applicant has signed/thumb impressed before me.

Date . . . . . . . . . . . . . . . .

Designation & Seal

Encl.

Declaration of non-employment.

I declare that I have not been employed in any Factory/Establishment to which the Act applies for a continuous period of not less than 2 months immediately proceeding the date of my application for final withdrawal of my Provident Fund money.

Received a sum of Rs* . . . . . . . . . . . . . . . . . . (Rupees* . . . . . . . . . . . . . . . . . . . . . . . . .) from Regional Provident Fund Commissioner/Officer-in-Charge of Sub-Regional Office . . . . . . . . . . . deposit in my Savings Bank Account towards the settlement of Provident Fund Account.

Signature of left/right hand thumb impression

of the member

(For the use of Commissioner's Office)

A/c. settled in part/full entered in

F-21-A/24/2/9 Withdrawal Register.

(P.I. No.) . . . . . . . . . . . . . . . . . . . . . (M. O./Cheque) . . . . . . . . . . . . . . . . . . . . . . . . . . Account No. . . . . . . . . . . . (Section) . . . . . . . . . . . . . . Under Rs . . . . . . . . . . . . . . . . . . . . . .

[Passed for Payment of Rs . . . . . . . . . . . . in words]

(For use in Cash Section)

Paid by inclusion in Cheque No. . . . . . . . . . . . . . . . . . . . . . . . dt . . . . . . . . . . . . . . . . . . Vide Cash Book (Bank) Account No. 10 Debit Item No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ACKNOWLEDGEMENT

EMPLOYEES' PROVIDENT FUND ORGANISATION

Office of the Regional Provident Fund Commissioner/S. R.O. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Full Address) . . . . . . . . . . . . . . . . . . . . . . . .

(For the guidance of applicant only. Not to be sent along with the claims)

1. All the columns on the form should be filled in completely, in ink, without any overwriting.

2. Against the column reason for leaving service indicate the one applicable.

(a) Retired from service after attaining the age of 55 years/attained the age of 55 years.

(b) Retired on account of permanent and total incapacity for work due to Bodily/Mental infirmity.

(c) Retired under voluntary retirement scheme.

(d) Migrating from India for permanent settlement abroad.

(e) Leaving India at least for a year.

(f) Retrenched from Service.

(g) Discharged from service on receiving compensation under the Industrial Disputes Act, 1947.

(h) Resigned, not employed in any factory to which the Employees' Provident Fund Scheme applies.

3. Full postal address , should be given clearly in Block Letters since the M. O. & Payment intimation is to be sent to this address. The name of the member and Father's (Husband's) should also be furnished in this column. Correct postal address including pin code will enable the Commissioner to make prompt payment to the correct payee.

4. It is advisable to have the payment by cheque. For this purpose the account payee cheque will be sent direct to the Scheduled Bank in which the S.B.A/c is maintained under intimation to the member. This will expedite the settlement of the correct payee.

5. The literate member should sign the application form, illiterate male member should affix his left hand thumb impression and illiterate female member should affix her right hand thumb impression and the fact should be clearly recorded below thumb impression.

6. If the claim is required to be submitted after completing the prescribed period (i.e. in case falling under items 2(g) and (h) above only, the declaration of non-employment in the application should be completed duly dated.

7. The claim application should be attested and forwarded by the employer under whom the member was last employed.

If the member is unable to send the application through the employer or duly attested by him for and reason whatsoever he may forward the claims duly signed in the presence of any one of the following authorised and got attested over his official seal.

(i) Magistrate; (ii) A Gazetted Officer; (iii) Post/Sub-Postmaster; (iv) President of the Village Union; (v) President of the Village Panchayat where if no Union Board; (vi) Chairman/Secretary/Member of the Municipal/District Local Board; (vii) Member of Parliament/ Legislative Assembly; (viii) Member of Central Board of Trustees/Regional Committees Employees' Provident Fund; (ix) Manager of the Bank in which the Savings Bank Account is maintained; (x) Head of any recognised educational institution; (xi) any authorised person as may be approved by the Commissioner.

8. The following documents should be enclosed in support of the claim.

If the member retired on account of permanent and total incapacity due to bodily or mental infirmity a medical certificate from the ESI or if the employee is covered under the ESI Scheme from the Medical Officer designated by the Establishment should be attached.

In case of migration from India for permanent settlement abroad Visa, Passport, Journey ticket etc., should be sent for perusal and return.

9. The member should also furnish the address in the acknowledgement card attached to the claim(s).

10. Instructions to the employer before forwarding the claims.

Details of contribution in respect of the member for the current financial year should be furnished in the certificate portion, in case, the contribution is not already paid it should be remitted by seperate challan and receipted triplicate challan should be enclosed to the claim.

11. In support of claim under Employees' Family Pension Scheme, 71 the period of break in reckonable service (i.e. period for which EPF contribution is not payable) should be furnished if not already intimated through contribution card.

Note: If claim in Form 10-B (EPF) along proferred S. Nos 2, 6 & 8 are not applicable.

Employees' Provident Funds Scheme, 1952

Regn. No.

(For Office use only)

Form to be used:

(1) by guardian of minor/lunatic member.

(2) by a nominee or legal heir of the deceased member.

or

(3) by the guardian of the minor/lunatic nominee of heir.

For claiming the Provident Fund accumulation of minor/deceased member.

(Note: Read the Instructions carefully before completing this form)

Particulars of the claimant

2. (To be filled in by a Major/Nominee/Legal Heir/Member of the family of the Deceased Member)

(a) Name of the claimant (in Block Letters)

(b) Father's/Husband's Name

(c) Sex

(d) Age (as on the date of death of the member)

(e) Marital status (as on the date of death of the member)(Whether unmarried, married, widow, widower)

(f) Relationship with the deceased member.

(a) Name of the claimant [i.e. Guardian]

(b) Father's/Husband's Name

(c) Relationship with the member/deceased member

*3. Particulars of the minor/Lunatics Nominee(s)/Legal Heir(s)/Family Member(s) on whose behalf the Provident Fund Amount claimed.

Certificate

*To the best of my knowledge no posthumous child will be born to the deceased member.

I certify that the particulars given above are true to the best of my knowledge.

* I certify that the minor(s)/lunatic Shri/Smt/. . . . . . . . . . . . . . . . . is living with me and is being supported and looked after by myself and the Provident Fund money claimed on behalf of minor/lunatic will be spent in his/her best interests and benefit.

I certify that the minor member has not been employed in any Factory/Establishment to which the Act applies for a continuous period of not less than 6 months immediately preceding the date of the application.

Enclosure

Signature of left/right hand thumb

impression of the claimant

Date

Delete if not applicable.

[To be furnished only in case of 5(b) above]

Received a sum of Rs . . . . . . . . . . . . [Rupees . . . . . . . . . . .] from Regional Provident Fund Commissioner/Officer-in-Charge of Sub-Regional Office . . . . . . . . . . . . . . by deposit in my Saving Bank Account towards the settlement of Provident Fund Account of Shri/Smt. . . . . . . . . . . . . . . .

Signature of left/right hand thumb

impression of the claimant

Certificate of the attesting authority

Contribution for the current period.

Certified that the facts stated above are correct.

Certified that the claimant Shri/Smt./Kumari . . . . . . . . . . . . . . . . . . . . . . . . . . . . . is known to me and has signed/thumb impressed before me.

Signature of the employer or authorised officer

Designation & Office Seal

ACKNOWLEDGEMENT

EMPLOYEES' PROVIDENT FUND ORGANISATION

Office of the Regional Provident Fund Commissioner/S.R.O. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Full Address) . . . . . . . . . . . . . . . . . . . . . . . .

(For the Guidance of applicant only, not to be sent along with the claim)

The following instruction should be carefully read before completing the form:

1. Employees' Provident Fund Scheme, 1952: Form 20: Claim for the withdrawal of Provident Fund Accumulation of minor/deceased member.

2. If the member is a minor by the guardian.

OR

On death of the member:

(a) If nomination subsists: by the nominee(s); if the nominee(s) is/are minor by the guardian of minor(s).

(b) If no nomination subsists: by the family members (family includes posthumous child if any, except major sons, and married daughters whose husbands are alive, of the deceased member duly supported by list of surviving family members (as on the date of the death of the member) furnished by the last employer or mamlatdar/Tehsildar or Executive Magistrate indicating complete particulars such as name, relationship with deceased member (in the case of parents whether dependant or not) age, marital status. If any family member is a minor, by the guardian of minor.

If both (a) & (b) above are not applicable: by legal heir(s) duly supported by a legal heirship certificate (from the appropriate State, normally Revenue authorities).

3. Documents to be enclosed:

(a) If the application is preferred by a guardian other than the natural guardian or minor member/nominee/family member/legal heir a guardianship certificate issued by competent court of law should be enclosed.

(b) Death certificate.

(c) If the amount receivable exceeds Rs 5000 but less than 25,000 an affidavit-cum-indemnity bond (Form may be obtained from the ex-employer of Regional Provident Fund Commissioner or Officer-in-Charge of Sub-Regional Office . . . . . . . . . . . . . . .) or Estate Duty Clearance Certificate.

(d) If the amount receivable exceeds Rs 25,000 on Estate Duty Clearance Certificate.

Form 11 (FPF): Claim for benefits as admissible under the Employee's Pension Scheme, 1971. By whom claim application should be preferred?

(1) If the member is minor by his guardian.

OR

(2) On death of the member:

(i) If the deceased had family on the day of death the claim should be preferred by

(a) the widow or widower.

(b) failing (a) above, by the guardian or eldest surviving minor son.

(c) failing (a) and (b) above by the guardian or eldest surviving minor, unmarried daughter.

(ii) If the deceased member had no family on the day of death, the Family Pension Fund benefit should be claimed by the person(s) eligible to receive the Provident Fund accumulation of the deceased member and if such member is a minor by the guardian.

(If the claimant being other than the natural guardian a guardianship certificate issued by the court of law should be enclosed.)

Important Note: In case the member died while in service after contributing to the Family Pension Fund for a period of not less than two years, an application in Form 10-A should also be preferred for claiming monthly Family Pension.

(iii) Form 5(F) Benefit under Employees Deposit-Linked Insurance Scheme, 1976.

The benefit under Employees' Deposit-Linked Insurance Scheme, 1976 is admissible to the person(s) entitled to receive the Provident Fund accumulation of the deceased member only under the following conditions:

(1) The death should have occurred while in service and.

(2) The average balance in the accounts of the deceased employee should not be below the sum of Rs 1000 during the preceding three years or during the period of his membership, whichever is less.

An affidavit-cum-indemnity bond in the prescribed form should be furnished wherever the payment under Employees' Deposit-Linked Insurance exceeds Rs 5000 (if amount receivable under Employees' Provident Fund and Employees' Deposit-Linked Insurance does not exceed Rs 25,000 one affidavit-cum-indemnity bond is sufficient).

GENERAL:

(1) All the columns in the form should be filled in, in ink, without any overwriting.

(2) Correct postal address, including PIN CODE will enable to make prompt payment to the correct payee.

(3) The claimant should also furnish the address in the acknowledgement attached to the claims.

(4) The literate claimant should sign the application form.

In case of illiterate: Left hand thumb impression by illiterate male claimant and right hand thumb impression by illiterate female should be affixed in the claim form.

(5) Attestation of claim application: The application should be submitted through the employer under whom the member was last employed if for any reason, the claimant is unable to submit through the employer, the claim may be got attested with official seal by any one of the following officials: (i) Magistrate; (ii) A gazetted officer; (iii) Post/Sub-Postmaster; (iv) President of Village Union; (v) President of the Village Panchayat where there is no Union Board; (vi) Chairman/Secretary/Member of the Municipal/District/Local Board; (vii) Member of Parliament/Legislative Assembly; (viii) Member of C.B.T. Regional Committee of the E.P.F.; (ix) Manager of the Bank where claimant has account; (x) Head of any recognised educational institution or; (xi) Any other official as may be approved by the Commissioner.

(6) Instruction to employers: While forwarding the claims the employer should ensure that all the information required in the claim is furnished correctly and requisites documents are enclosed in support of claim under Employees' Family Pension Scheme, 1971 the period of break in reckonable service (i.e. period for EPF contribution is not payable should be furnished, if not already intimated through contribution card).

For office use only

[Not printed]

[Refer: INSTRUCTIONS]

1. Name in full (in block letters)

2. Father's/Husband's Name

3. Name of the Factory/Establishment in which employed and address

4. Provident Fund Account No.U.P./

5. Monthly basic wages & D.A.Basic + D.A.Total

6. Full Postal address of the member to which payment/intimation is to be sent

7. Mode of remittance:

(a) In case of advance for purchase of site/house/flat or construction through an agency OR repayment of housing loan, indicate

(i) in whose favour the cheque is to be drawn, and

(ii) full address . . . . . . . . . . . . . . . . . . . . . . . . .

In other cases, put a tick ( ) against any one of the following:

(b) By account payee cheque through the (employer of the address given against Sl. No. 3)

(c) By deposit in Bank Account No. in figures . . . . . . . . . . . . . . . . . in words . . . . . . Name of the Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Full address)

(d) By money order at my cost to the address given against Sl. No. 6 . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

*I declare the advance is required to meet the expenses in connection with marriage of my son/daughter/brother/sister/Sri/Kumari . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[Name]

aged . . . . . . . . . . . . to be celebrated on . . . . . . . . . . . . . . . . . . at . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I declare that the above particulars are true to the best of my knowledge & I will abide by the condition governing the grant of advance under the scheme. Certificate/documents in support of my application is/are furnished/enclosed.

Station . . . . . . . . . . . . . .

Date . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature/Left hand thumb impression of the member

*Delete if the advance applied for is not for marriage.

Remarks

A member of the fund may avail the following non-refundable in advances.

The documents to be furnished in support of the application are given in brackets.

1. Purchase of a Dwelling site: (From on Agency Original allotment order)

From an individual: Original title deed non-encumbrance certificate (for verification and return agreement with the seller).

2. Purchase of Dwelling-house/Flat: (From on Agency : Original allotment order)

[From an individual: Original title deed (for verification and return) agreement with the seller, non-encumbrance certificate from appropriate authority that the house/flat is a new and unlived one furnishing the number and date of plan approval commencement and completion of the house/flat tax bill and receipts.]

3. Construction of a House: Original title deed for verification and return (non-encumbrance certificate, estimated cost of construction, Approved Plan Note: While claiming the second and subsequent instalment the declaration/certificate as required by the Commissioner in his letter sanctioning the advance should be submitted along with the application).

Agency referred to in 1 to 3 above would mean Central/State Government, a cooperative society, an institution, a Trust, a Local Body or a Housing Finance Corporation in case of transaction through an agency the payment will be made only by account payee cheque direct to the Agency concerned.

4. Addition, Alteration, or Improvement to the House Owned by member or by Spouse: (Approval of the appropriate authority, estimate of the work, original title deed of the house (for verification) non-encumbrance, a certificate, from the appropriate authority specifying the date of completion of the house).

5. Repayment of (Housing Loan to State Govt. Housing Board, Municipal Corporation or a Body similar to Delhi Devp. Authority: (A Certificate from the lending authority furnishing the details of loan and outstanding amount.)

6. Closure/Lockout of the Factory & Establishment, for reasons other than Strike: (Furnished the Certificate A given overleaf)

7. Non-Receipt of wages for 2 months: (Furnish the Certificate B given overleaf)

8. Illness of member/Family Member: (Furnish the Certificate C given overleaf)

9. Marriage of Self/Son/Daughter/Sister/Brother.

10. Post-Matriculation Education of Son/Daughter: (certificate from the institution regarding the course of study and anticipated expenditure)

11. Damage to the property due to Natural Calamity (Flood/Riot/Earthquake): (Furnish the Certificate D given overleaf)

12. Affected by cut in Electricity: (Furnish the Certificate E given overleaf)

13. Purchase of Equipment for Physically Handicapped Member.

(Furnish the Certificate F given overleaf)

Note: (1) Such other documents, certificates etc. as may be required by the sanctioning authority are also required to be furnished, through the establishment.

(2) In case no intimation is received within a month please write to the R.P.F.C./Officer-in-Charge of such Regional Office through the establishment.

CERTIFICATE-A (Refer: Instruction Sl. No. 6)

Certified that no compensation was paid to the member Sri/Smt/. . . . . . . . . . . . . . . . . . . . . for the period of lockout/closure.

(Signature of the employer/authorised official with date and seal)

CERTIFICATE-B (Refer: Instruction Sl. No. 7)

Certified that member Sri/Smt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has not received his/wages for a continuous period of two months or more i.e. from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to . . . . . . . . . . .

(Signature of the employer/authorised officer with date and seal)

CERTIFICATE-C (Refer: Instruction Sl. No. 8)

Certified that

(i) The member Sri/Smt. . . . . . . . . . . . . . . . . . . . . . . has/had been granted leave for a period of . . . . . . . . . . . from . . . . . . . . . . . to . . . . . . . . . . .

(ii) The ESI facilities/cash benefits are not actually available to the member/the member has ceased to be eligible for cash benefits under ESI certificate from ESI enclosed.

(Signature of the employer/authorised officer with date and seal)

Medical certificate to be issued (i) In case of major surgical operation or where the hospitalisation for one month or more had or has become necessary by the Doctor of the Government/ESI/Private Hospital (ii) In case of treatment of T.B./Leprosy, paralysis or cancer by Doctor of Govt./Private Hospital/ESI or by a Regd. Medical Practitioner (iii) In case of treatment of heart ailment or mental derangement by a specialist Doctor.

Certified that Sri/Smt . . . . . . . . . . . . . . . . . . . . . . S/o/W/o/D/o . . . . . . . . . . .

(i) is suffering from T.B./Leprosy/Paralysis/Cancer/Mental derangement/Heart ailment.

(ii) is suffering from . . . . . . . . . . . . . . . . . . . . . . (disease) for which a major surgical operation and hospitalisation for a period of . . . . . . . . . . . days from . . . . . . . . . . .

(iii) is suffering from . . . . . . . . . . . . . . . . . . . . . . and hospitalisation for a period . . . . . . . . . . . . . . . . . . . days from . . . . . . . . . . . to . . . . . . . . . . . had or has become necessary.

CERTIFICATE-D (Refer: Instructions Sl. No. 11)

Certified that the movable/immovable property of Shri . . . . . . . . . . . . . . . . . . . . . . viz. . . . . . . . . . . . situated at . . . . . . . . . . . has been damaged due to . . . . . . . . . . . on date . . . . . . . . . . . The estimated loss of property due to . . . . . . . . . . . calamity is valued at Rs . . . . . . . . . . . The State Government has declared that the calamity has affected the general public in the area in which the property of member is/was located vide notification press release no. and date . . . . . . . . . . .

(Signature of Employer/revenue officer/Gazetted with seal

and Member or C.B.T./Regional Committee with seal and date)

CERTIFICATE-E (Refer: Instructions Sl. No. 12)

Certificate that the fall in wages amounting to 25% more than 25% of the wages in respect of Shri/Smt . . . . . . . . . . . is due to power cut.

(Signature of the employer/authorised official with date and seal)

CERTIFICATE-F (Refer: Instructions Sl. No. 13)

Certificate that Shri/Smt/Km./. . . . . . . . . . . S/o/W/o/D/o . . . . . . . . . . . is physically handicapped viz. . . . . . . . . . . . and requires equipment.

(name of handicap)

viz. . . . . . . . . . . . costing about Rs . . . . . . . . . . . to minimise the hardship on account of handicap.

(Signature of the Doctor with date and seal)

1. Published by the Ministry of Labour, S.R.O. 1509, dt. 2-9-1952.

2. Subs. by S.R.O. 2035, dt. 28-10-1953.

3. Added by S.R.O. 2035, dt. 28-10-1953.

4. Subs. by S.R.O. 1363, dt. 26-4-1957 for factories .

5. Ins. by S.R.O. 488, dt. 4-2-1958 (w.e.f. 12-12-1958).

6. Added by S.R.O. 1567, dt. 4-7-1956.

7. Omitted vide G.S.R. 417, dt. 19-3-1962 (w.e.f. 31-3-1962).

8. Omitted vide G.S.R. 417, dt. 19-3-1962 (w.e.f. 31-3-1962).

9. Ins. by G.S.R. 571, dt. 12-4-1977 and original sub-clause (i) renumbered as sub-clause (i-a).

10. Ins. by S.R.O. 2027, dt. 3-9-1956.

11. Ins. by S.R.O. 815, dt. 5-3-1957.

12. Ins. by S.R.O. 1363, dt. 26-4-1957.

13. Ins. by S.R.O. 2146, dt. 21-6-1957.

14. Ins. by S.R.O. 3376, dt. 10-10-1957.

15. Ins. by S.R.O. 3565, dt. 31-10-1957.

16. Ins. by S.R.O. 3972, dt. 4-12-1957.

17. Ins. by G.S.R. 261, dt. 10-4-1958.

18. Subs. by G.S.R. 583, dt. 8-5-1959 for cl. (x).

19. Ins. by G.S.R. 362, dt. 6-3-1960.

20. Ins. by G.S.R. 718, dt. 17-6-1960.

21. Ins. by G.S.R. 748, dt. 24-6-1960.

22. Ins. by G.S.R. 1444, dt. 24-11-1960.

23. Ins. by G.S.R. 1548, dt. 24-12-1960.

24. Ins. by G.S.R. 680, dt. 15-5-1961.

25. Ins. by G.S.R. 783, dt. 5-6-1961.

26. Ins. by G.S.R. 992, dt. 24-7-1961.

27. Ins. by G.S.R. 1033, dt. 8-8-1961.

28. Ins. by G.S.R. 1456, dt. 29-11-1961.

29. Ins. by S.O. 3087, dt. 20-12-1961.

30. Ins. by G.S.R. 460, dt. 3-4-1962.

31. Ins. by G.S.R. 887, dt. 23-6-1962.

32. Ins. by G.S.R. 1982, dt. 18-12-1963.

33. Ins. by G.S.R. 1299, dt. 19-9-1962.

34. Ins. by G.S.R. 1321, dt. 27-9-1962.

35. Ins. by G.S.R. 1757, dt. 12-12-1962.

36. Ins. by G.S.R. 503, dt. 18-3-1963.

37. Ins. by G.S.R. 663, dt. 10-4-1963.

38. Ins. by G.S.R. 666, dt. 15-4-1963.

39. Ins. by G.S.R. 853, dt. 10-5-1963.

40. Ins. by G.S.R. 1401, dt. 9-8-1963.

41. Ins. by G.S.R. 1433, dt. 22-8-1963.

42. Ins. by G.S.R. 1688, dt. 15-10-1963.

43. Ins. by G.S.R. 1873, dt. 23-11-1963.

44. Ins. by G.S.R. 93, dt. 8-1-1964.

45. Ins. by G.S.R. 127, dt. 20-1-1964.

46. Ins. by G.S.R. 864, dt. 6-6-1964.

47. Ins. by G.S.R. 863, dt. 6-6-1964.

48. Ins. by G.S.R. 1288, dt. 1-9-1964.

49. Ins. by G.S.R. 1500, dt. 8-10-1964.

50. Ins. by G.S.R. 1845, dt. 21-12-1964.

51. Ins. by G.S.R. 71, dt. 1-1-1965.

52. Ins. by G.S.R. 106, dt. 2-1-1965.

53. Ins. by G.S.R. 475, dt. 19-3-1965.

54. Ins. by G.S.R. 823, dt. 1-6-1965.

55. Ins. by G.S.R. 969, dt. 6-7-1965.

56. Ins. by G.S.R. 997, dt. 15-7-1965.

57. Ins. by G.S.R. 1241, dt. 18-8-1965.

58. Ins. by G.S.R. 1837, dt. 9-12-1965.

59. Ins. by G.S.R. 70, dt. 20-1-1966.

60. Subs. by G.S.R. 79, dt. 25-2-2000 (w.e.f. 4-3-2000).

61. Ins. by G.S.R. 997, dt. 25-6-1966.

62. Ins. by G.S.R. 1187, dt. 21-7-1966.

63. Ins. by G.S.R. 1412, dt. 12-9-1966.

64. Ins. by G.S.R. 553, dt. 11-4-1967.

65. Ins. by G.S.R. 1103, dt. 17-7-1967.

66. Ins. by G.S.R. 1268, dt. 21-8-1967.

67. Ins. by G.S.R. 1645, dt. 23-10-1967.

68. Ins. by G.S.R. 1857, dt. 20-11-1967.

69. Ins. by G.S.R. 1592, dt. 24-8-1968.

70. Ins. by G.S.R. 2083, dt. 22-11-1968.

71. Ins. by G.S.R. 1017, dt. 22-4-1969.

72. Ins. by G.S.R. 1510, dt. 11-6-1969.

73. Ins. by G.S.R. 1512, dt. 11-6-1969.

74. Ins. by G.S.R. 14, dt. 23-12-1969.

75. Ins. by G.S.R. 731, dt. 17-5-1971.

76. Ins. by G.S.R. 263, dt. 7-2-1972.

77. Ins. by G.S.R. 506, dt. 18-3-1972.

78. Ins. by G.S.R. 1490, dt. 15-11-1972.

79. Ins. by G.S.R. 1219, dt. 17-4-1973.

80. Omitted by G.S.R. 571, dt. 12-4-1977.

81. Ins. by G.S.R. 843, dt. 19-7-1973.

82. Ins. by G.S.R. 1249, dt. 2-11-1973.

83. Ins. by G.S.R. 521, dt. 15-5-1974.

84. Ins. by G.S.R. 1255, dt. 12-11-1974.

85. Ins. by G.S.R. 1401, dt. 21-12-1974.

86. Ins. by G.S.R. 1400, dt. 21-12-1974.

87. Ins. by G.S.R. 268, dt. 7-2-1975.

88. Ins. by G.S.R. 984, dt. 26-7-1975.

89. Ins. by G.S.R. 1355, dt. 3-9-1976.

90. Ins. by G.S.R. 305, dt. 19-2-1977.

91. Ins. by G.S.R. 677, dt. 23-5-1977.

92. Ins. by G.S.R. 1523, dt. 12-12-1978.

93. Ins. by G.S.R. 462, dt. 9-3-1979, with the following Explanatory Memorandum: The Neyveli Lignite Corporation is an integrated undertaking inasmuch as it has mines as well as factory establishments. The employees engaged in mines of the Corporation were covered under the Coal Mines Provident Funds and Miscellaneous Provisions Act, 1948 and those employed in the factory were covered under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. On the request of the workers and the employer, it has since been decided that both the mines and the factory of the Corporation should be brought under one Provident Fund Scheme. Accordingly vide Government of India in the Ministry of Labour Notification, bearing G.S.R. No. 31, dated the 16th December, 1978 the application of the Neyveli Coal Mines Provident Fund Scheme, 1966 has been rescinded and the lignite mines of the Corporation have also been covered by the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 with effect from the 6th January, 1979, the date from which the Neyveli Coal Mines Provident Fund Scheme, 1966 has been rescinded. The retrospective application shall not in any way affect adversely the interests of either the employer or the employees concerned.

94. Ins. by G.S.R. 982, dt. 13-7-1979 (w.e.f. 21-7-1979).

95. Ins. by G.S.R. 605, dt. 24-5-1980 (w.e.f. 31-5-1980).

96. Ins. by G.S.R. 592(E), dt. 22-10-1980 (w.e.f. 22-10-1980).

97. Ins. by G.S.R. 614(E), dt. 31-10-1980 (w.e.f. 31-10-1980).

98. Ins. by G.S.R. 665(E), dt. 29-11-1980 (w.e.f. 29-11-1980).

99. Ins. by G.S.R. 642(E), dt. 5-12-1981.

100. Ins. by G.S.R. 437, dt. 23-4-1982.

101. Ins. by G.S.R. 591, dt. 21-6-1982.

102. Ins. by G.S.R. 13, dt. 17-12-1983 (w.e.f. 1-1-1984).

103. Ins. by G.S.R. 347, dt. 30-4-1986.

104. Ins. by G.S.R. 112, dt. 2-2-1993.

105. Ins. by G.S.R. 112, dt. 2-2-1993.

106. Ins. by Noti. F. No. S-35016/1/1997-SS. II, dt. 22-7-2002.

107. Added by S.O. 45(E), dt. 17-1-2006 (w.e.f. 17-1-2006).

108. Subs. by G.S.R. 320, dt. 16-2-1972 (w.e.f. 13-2-1971). By Act 99 of 1976 the title now reads The Employees Provident Funds and Miscellaneous Provisions Act, 1952 (Ed.).

109. Deleted by G.S.R. 1845, dt. 28-11-1963.

110. Subs. by G.S.R. 1845, dt. 28-11-1963.

111. Subs. by S.R.O. 331, dt. 15-1-1958 (w.e.f. 25-1-1958).

112. Ins. by G.S.R. 1122, dt. 19-9-1960 (w.e.f. 24-9-1960).

113. Subs. by S.R.O. 1337, dt. 16-4-1957 (w.e.f. 31-5-1957).

114. Subs. for six thousand and five hundred rupees by G.S.R. 608(E), dt. 22-8-2014 (w.e.f. 1-9-2014).

115. Added by G.S.R. 201, dt. 8-2-1961 (w.e.f. 31-12-1960).

116. Sub-clause (iii) omitted by G.S.R. 1467, dt. 2-12-1960 (w.e.f. 10-12-1960).

117. Subs. by S.R.O. 331, dt. 15-1-1958 (w.e.f. 25-1-1958).

118. Subs. by G.S.R. 351, dt. 3-3-1966.

119. Subs. by G.S.R. 351, dt. 3-3-1966.

120. Ins. by G.S.R. 351, dt. 3-3-1966.

121. Ins. by S.R.O. 1660, dt. 21-7-1956 (w.e.f. 31-7-1956).

122. Ins. by S.R.O. 2027, dt. 3-9-1956.

123. Ins. by G.S.R. 1756, dt. 12-12-1962.

124. Subs. by G.S.R. 879, dt. 15-5-1963.

125. Subs. by G.S.R. 262, dt. 14-2-1964.

126. Subs. by G.S.R. 824, dt. 1-6-1965 (w.e.f. 30-6-1965).

127. Subs. by G.S.R. 1118, dt. 6-7-1966.

128. Subs. by G.S.R. 1413, dt. 12-9-1966.

129. Subs. by G.S.R. 1269, dt. 21-8-1967.

130. Subs. by G.S.R. 1645, dt. 23-10-1967.

131. Ins. by S.R.O. 1363, dt. 26-4-1957 and subs. by G.S.R. 1510, dt. 11-6-1969.

132. Subs. by G.S.R. 12, dt. 22-12-1969.

133. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

134. Ins. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

135. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

136. Subs. by S.R.O. 401, dt. 1-3-1965, for nominated .

137. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

138. Subs. by S.R.O. 401, dt. 1-3-1965, for nominated .

139. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

140. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

141. Subs. by S.R.O. 1363, dt. 26-4-1957, for industries .

142. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

143. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

144. Subs. by S.R.O. 1363, dt. 26-4-1957, for industries .

145. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

146. Ins. by S.R.O. 502, dt. 14-3-1953.

147. Ins. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

148. Subs. for three by G.S.R. 85(E), dt. 28-1-2004 (w.e.f. 29-1-2004).

149. Subs. by G.S.R. 297, dt. 11-2-1963.

150. Subs. by G.S.R. 1298, dt. 27-9-1972.

151. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

152. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

153. Subs. by G.S.R. 67(E), dt. 24-1-2017 (w.e.f. 24-1-2017).

154. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

155. Ins. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

156. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

157. Subs. by G.S.R. 1845, dt. 28-11-1963.

158. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

159. Ins. by G.S.R. 1488, dt. 1-9-1971.

160. Subs. by G.S.R. 1845, dt. 28-11-1963.

161. Subs. by G.S.R. 1488, dt. 1-9-1971.

162. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

163. Subs. by G.S.R. 1845, dt. 28-11-1963.

164. Subs. by G.S.R. 1845, dt. 28-11-1963.

165. Subs. by G.S.R. 1845, dt. 28-11-1963.

166. Subs. by G.S.R. 1845, dt. 28-11-1963 for A Board .

167. Ins. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

168. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

169. Subs. by G.S.R. 1845, dt. 28-11-1963.

170. Ins. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

171. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

172. Ins. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

173. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

174. Subs. by G.S.R. 1845, dt. 28-11-1963.

175. Subs. by G.S.R. 1845, dt. 28-11-1963.

176. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

177. Ins. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

178. Subs. by G.S.R. 401, dt. 1-3-1965.

179. Subs. by G.S.R. 401, dt. 1-3-1965.

180. Ins. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

181. Ins. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

182. Ins. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

183. Ins. by G.S.R. 1666, dt. 10-11-1963 (w.e.f. 19-10-1963).

184. Subs. by G.S.R. 1845, dt. 28-11-1963.

185. Words at least seven days omitted by G.S.R. 363, dt. 25-3-1985 (w.e.f. 6-4-1985).

186. Subs. by G.S.R. 1845, dt. 28-11-1963.

187. Ins. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

188. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

189. Ins. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

190. Ins. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

191. Subs. by G.S.R. 1845, dt. 28-11-1963.

192. Ins. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

193. Ins. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

194. Subs. by G.S.R. 1845, dt. 28-11-1963.

195. Ins. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

196. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

197. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

198. Subs. by G.S.R. 1845, dt. 28-11-1963.

199. Omitted by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

200. Omitted by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

201. Omitted by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

202. Omitted by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

203. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

204. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

205. Subs. by G.S.R. 744(E), dt. 9-9-2010 (w.e.f. 9-9-2010).

206. The word and brackets (tourist) omitted by G.S.R. 744(E), dt. 9-9-2010 (w.e.f. 9-9-2010).

207. Ins. by G.S.R. 81, dt. 20-1-1993 (w.e.f. 6-2-1993).

208. Subs. by G.S.R. 744(E), dt. 9-9-2010 (w.e.f. 9-9-2010).

209. Ins. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

210. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

211. Ins. by G.S.R. 1427, dt. 16-6-1976.

212. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

213. Ins. by G.S.R. 690(E) dt. 30-6-1989 (w.e.f. 1-7-1989).

214. Omitted by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

215. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

216. Omitted by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

217. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

218. Omitted by G.S.R. 1845, dt. 28-11-1963.

219. Subs. by G.S.R. 1845, dt. 28-11-1963.

220. Omitted by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

221. Subs. by G.S.R. 1845, dt. 28-11-1963.

222. Subs. by S.O. 154(E), dt. 24-1-2012 (w.e.f. 24-1-2012).

223. Ins. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

224. Ins. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

225. Ins. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

226. Ins. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

227. Subs. for 4500-5700 by G.S.R. 79, dt. 25-2-2000 (w.e.f. 4-3-2000).

228. Subs. by G.S.R. 1845, dt. 28-11-1963.

229. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

230. Subs. by G.S.R. 147, dt. 29-1-1960 for paragraph 24 (w.e.f. 6-2-1960).

231. Omitted by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

232. Omitted by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

233. Subs. by G.S.R. 1845, dt. 28-11-1963.

234. Subs. by G.S.R. 421, dt. 12-5-1988 (w.e.f. 21-5-1988).

235. Omitted by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

236. Subs. by G.S.R. 689, dt. 19-10-1990 (w.e.f. 1-11-1990). In this regard the following letter of EPF organisation dt. 26-8-1991 is relevant: EMPLOYEES' PROVIDENT FUND ORGANISATION (CENTRAL OFFICE) 9TH FLOOR, MAYUR BHAWAN, CONNAUGHT CIRCUS, NEW DELHI No. 12/Misc./91/E-1 Dated: 26-8-1991 All Regional Provident Fund Commissioners/Sub-Regional Offices. Subject: Amendment of Para 26 of the E.P.F. Scheme, 1952 Validity of Notification No. G.S.R. 689, dt. 19-10-1990. Sir, You are aware that the validity of Notification No. G.S.R. 689 dated 19-10-1990 has been challenged in different High Courts and some of the Hon'ble High Courts have stayed the operation of the part of the Notification. The Ministry of Labour, Government of India have considered the matter in consultation with the Ministry of Law, Government of India and have directed that the part of the Notification dated 19-10-1990 relating to Para 26 of the E.P.F. Scheme, 1952 be not given effect, to ensure uniformity of treatment. Therefore, in due deference to the interim stay granted by the Hon'ble High Courts, you are requested to ensure that the above directions of the Ministry of Labour, Government of India are followed in all case. The Ministry has also further directed to ensure that: (i) Counter-affidavits are quickly filed in all the cases. (ii) The number of cases filed in the Hon'ble High Court are furnished to this office immediately. 2. Please acknowledge receipt. (This issue with the approval of C.P.F.C.) Yours faithfully, Sd/- (KALYAN CHAND) REGIONAL PROVIDENT FUND COMMISSIONER (Hqrs.) for CENTRAL PROVIDENT FUND COMMISIONER.

237. Subs. by G.S.R. 421, dt. 12-5-1988 (w.e.f. 21-5-1988).

238. Subs. for six thousand and five hundred rupees by G.S.R. 608(E), dt. 22-8-2014 (w.e.f. 1-9-2014).

239. Explanation omitted by G.S.R. 158(E), dated 10-2-2016 (w.e.f. 10-2-2016).

240. Subs. by G.S.R. 1522, dt. 16-12-1960.

241. Subs. for six thousand and five hundred rupees by G.S.R. 608(E), dt. 22-8-2014 (w.e.f. 1-9-2014).

242. Subs. for six thousand and five hundred rupees by G.S.R. 608(E), dt. 22-8-2014 (w.e.f. 1-9-2014).

243. Ins. by G.S.R. 201, dt. 8-2-1961 (w.e.f. 31-12-1960).

244. Subs. by G.S.R. 320(E), dt. 6-5-2014 (w.e.f. 7-5-2014).

245. Subs. by G.S.R. 852, dt. 6-5-1962.

246. Ins. by G.S.R. 336(E), dt. 4-5-2012 (w.e.f. 4-5-2012).

247. Added by S.R.O. 2035, dt. 31-10-1953.

248. Subs. by G.S.R. 1286, dt. 13-10-1961.

249. Subs. by S.R.O. 1363, dt. 26-4-1957, for factory .

250. Ins. by G.S.R. 336(E), dt. 4-5-2012 (w.e.f. 4-5-2012).

251. Ins. by G.S.R. 18, dt. 22-12-2000 (w.e.f. 6-1-2001).

252. Ed.: Printed under S. 17.

253. Omitted by G.S.R. 897, dt. 6-9-1985 (w.e.f. 21-9-1985).

254. Ins. by G.S.R. 897, dt. 6-9-1985 (w.e.f. 21-9-1985).

255. Omitted by G.S.R. 897, dt. 6-9-1985 (w.e.f. 21-9-1985).

256. The word appropriate omitted by G.S.R. 1845, dt. 28-11-1963.

257. Ins. by G.S.R. 897, dt. 6-9-1985 (w.e.f. 21-9-1985).

258. Ins. by G.S.R. 897, dt. 6-9-1985 (w.e.f. 21-9-1985).

259. Subs. by G.S.R. 1845, dt. 28-11-1963.

260. Subs. by G.S.R. 970, dt. 11-10-1958 for the proviso (w.e.f. 18-10-1958).

261. Ins. by G.S.R. 597, dt. 12-4-1971.

262. Added by G.S.R. 86, dt. 3-1-1963.

263. Subs. by G.S.R. 579, dt. 12-4-1971.

264. Subs. by G.S.R. 974, dt. 10-8-1960, for Imperial .

265. The word appropriate omitted by G.S.R. 1845, dt. 28-11-1963.

266. Subs. by S.R.O. No. 1363, dt. 26-4-1957, for factory .

267. Subs. by S.R.O. 270, dt. 7-2-1953.

268. The word appropriate omitted by G.S.R. 1845, dt. 28-11-1963.

269. Subs. by S.R.O. 2387, dt. 13-7-1957 (w.e.f. 1-4-1957).

270. Subs. for 8 per cent by G.S.R. 406, dt. 27-10-1997 (w.e.f. 22-9-1997). At the end of the notification the following is given: Explanatory Memorandum. The Employees' Provident Funds and Miscellaneous Provisions (Amendment) Ordinance (Ordinance No. 17 of 1997) increased the rate of the Provident Fund Contribution w.e.f. 22-9-1997. The present amendment of the Employees' Provident Funds Scheme, 1952 with retrospective effect from 22-9-1997 will not effect interest of anybody adversely. Note: Ordinance 17 of 1997 was replaced by Ordinance 25 of 1997 on 25-12-1997 which has been replaced by Ordinance 8 of 1998 on 23-4-1998.

271. Subs. by G.S.R. 201, dt. 8-2-1961, for certain words (w.e.f. 31-12-1960).

272. Ins. by G.S.R. 1756, dt. 12-12-1962.

273. Subs. for ten per cent by G.S.R. 406, dt. 27-10-1997 (w.e.f. 22-9-1997). At the end of the notification the following is given: Explanatory Memorandum. The Employees' Provident Funds and Miscellaneous Provisions (Amendment) Ordinance (Ordinance No. 17 of 1997) increased the rate of the Provident Fund Contribution w.e.f. 22-9-1997. The present amendment of the Employees' Provident Funds Scheme, 1952 with retrospective effect from 22-9-1997 will not effect interest of anybody adversely. Note: Ordinance 17 of 1997 was replaced by Ordinance 25 of 1997 on 25-12-1997 which has been replaced by Ordinance 8 of 1998 on 23-4-1998.

274. Subs. by G.S.R. 690(E), dt. 30-6-1989 (w.e.f. 1-7-1989).

275. Subs. for 8 per cent by G.S.R. 406, dt. 27-10-1997 (w.e.f. 22-9-1997). At the end of the notification the following is given: Explanatory Memorandum. The Employees' Provident Funds and Miscellaneous Provisions (Amendment) Ordinance (Ordinance No. 17 of 1997) increased the rate of the Provident Fund Contribution w.e.f. 22-9-1997. The present amendment of the Employees' Provident Funds Scheme, 1952 with retrospective effect from 22-9-1997 will not effect interest of anybody adversely. Note: Ordinance 17 of 1997 was replaced by Ordinance 25 of 1997 on 25-12-1997 which has been replaced by Ordinance 8 of 1998 on 23-4-1998.

276. Subs. for ten per cent by G.S.R. 406, dt. 27-10-1997 (w.e.f. 22-9-1997). At the end of the notification the following is given: Explanatory Memorandum. The Employees' Provident Funds and Miscellaneous Provisions (Amendment) Ordinance (Ordinance No. 17 of 1997) increased the rate of the Provident Fund Contribution w.e.f. 22-9-1997. The present amendment of the Employees' Provident Funds Scheme, 1952 with retrospective effect from 22-9-1997 will not effect interest of anybody adversely. Note: Ordinance 17 of 1997 was replaced by Ordinance 25 of 1997 on 25-12-1997 which has been replaced by Ordinance 8 of 1998 on 23-4-1998.

277. Subs. by G.S.R. 201, dt. 8-2-1961, for certain words (w.e.f. 31-12-1960).

278. Ins. by S.R.O. 3375, dt. 10-10-1957 (w.e.f. 1-4-1957).

279. Subs. by G.S.R. 548, dt. 23-7-1983 (w.e.f. 1-4-1983).

280. Subs. by G.S.R. 1845, dt. 28-11-1963.

281. Deleted by G.S.R. 1399, dt. 18-9-1964.

282. Omitted by G.S.R. 1399, dt. 18-9-1964.

283. Ins. by G.S.R. 1845, dt. 28-11-1963.

284. See Notification in Appendix III to Act.

285. Ins. by G.S.R. 1845, dt. 28-11-1963.

286. Ins. by G.S.R. 1845, dt. 28-11-1963.

287. Ins. by G.S.R. 1845, dt. 28-11-1963.

288. Subs. by S.R.O. 500, dt. 14-3-1953, for previous .

289. Ins. by G.S.R. 521, dt. 16-8-1991 (w.e.f. 1-9-1991).

290. Subs. by G.S.R. 689(E), dt. 26-9-2008 (w.e.f. 26-9-2008).

291. Corrected by G.S.R. 451(E), dt. 29-6-2009.

292. Ins. by G.S.R. 521, dt. 16-8-1991.

293. Subs. by S.R.O. 1363, dt. 24-4-1957, for factory .

294. Ed.: see Form 11 (Revised).

295. Ins. by G.S.R. 320, dt. 16-2-1972 (w.e.f. 18-3-1972).

296. Subs. by G.S.R. 1300, dt. 19-9-1962.

297. Ins. by G.S.R. 1809, dt. 28-9-1968.

298. Subs. by G.S.R. 1300, dt. 19-9-1962.

299. The words in duplicate omitted by G.S.R. 1300, dt. 19-9-1962.

300. Subs. by G.S.R. 201, dt. 8-2-1961, for certain words (w.e.f. 31-12-1960).

301. Added by G.S.R. 413, dt. 11-3-1966.

302. See Form 10.

303. Subs. for in copy of Wages Payment Register by G.S.R. 25, dt. 31-12-1996 (w.e.f. 11-1-1997).

304. Added by G.S.R. 413, dt. 11-3-1966.

305. Ins. by G.S.R. 336(E), dt. 4-5-2012 (w.e.f. 4-5-2012).

306. Vide G.S.R. 1300, dt. 19-9-1962.

307. Ins. by G.S.R. 1176, dt. 17-8-1964.

308. Renumbered by G.S.R. 1176, dt. 17-8-1964.

309. Renumbered by G.S.R. 1176, dt. 17-8-1964.

310. Ins. by G.S.R. 336(E), dt. 4-5-2012 (w.e.f. 4-5-2012).

311. Added by G.S.R. 1457, dt. 21-2-1961.

312. Ins. by G.S.R. 1714, dt. 1-9-1966.

313. Subs. by G.S.R. 1836, dt. 7-12-1985.

314. Ins. by G.S.R. 320, dt. 16-2-1972.

315. Ins. by G.S.R. 336(E), dt. 4-5-2012 (w.e.f. 4-5-2012).

316. Added by G.S.R. 1845, dt. 28-11-1963.

317. Subs. by G.S.R. 1399, dt. 18-9-1964.

318. Subs. for by separate bank drafts or cheques by G.S.R. 360(E), dt. 5-5-2015 (w.e.f. 5-5-2015).

319. Ins. by G.S.R. 580(E), dt. 7-6-2016 (w.e.f. 7-6-2016).

320. Ins. by G.S.R. 6(E), dt. 4-1-2017 (w.e.f. 4-1-2017).

321. Subs. by G.S.R. 360(E), dt. 5-5-2015 (w.e.f. 5-5-2015).

322. Subs. by G.S.R. 25, dt. 31-12-1996 (w.e.f. 11-1-1997).

323. Subs. by G.S.R. 25, dt. 31-12-1996 (w.e.f. 11-1-1997).

324. Ins. by G.S.R. 336(E), dt. 4-5-2012 (w.e.f. 4-5-2012).

325. Ins. by G.S.R. 341, dt. 9-7-1992 (w.e.f. 25-7-1992).

326. Subs. by S.R.O. 1363, dt. 26-4-1957, for factories .

327. Subs. by G.S.R. 1809, dt. 28-9-1968.

328. Ins. by G.S.R. 1809, dt. 28-9-1968.

329. Ins. by G.S.R. 320, dt. 16-2-1972.

330. Ins. by G.S.R. 336(E), dt. 4-5-2012 (w.e.f. 4-5-2012).

331. Added by G.S.R. 348, dt. 26-2-1966.

332. Ins. by G.S.R. 320, dt. 16-2-1972.

333. Ins. by G.S.R. 336(E), dt. 4-5-2012 (w.e.f. 4-5-2012).

334. Ins. by G.S.R. 341, dt. 9-7-1992 (w.e.f. 25-7-1992).

335. Ins. by G.S.R. 341, dt. 9-7-1992 (w.e.f. 25-7-1992).

336. Ins. by G.S.R. 341, dt. 9-7-1992 (w.e.f. 25-7-1992).

337. Subs. by G.S.R. 360(E), dt. 5-5-2015 (w.e.f. 5-5-2015).

338. Ins. by G.S.R. 580(E), dt. 7-6-2016 (w.e.f. 7-6-2016).

339. Ins. by G.S.R. 6(E), dt. 4-1-2017 (w.e.f. 4-1-2017).

340. Omitted by G.S.R. 1845, dt. 28-11-1963.

341. Subs. by G.S.R. 60(E), dt. 1-2-2013 (w.e.f. 1-2-2013).

342. Subs. by G.S.R. 974, dt. 10-8-1960, for Imperial .

343. Subs. for clauses (a) to (d) of Section 20 of the Indian Trusts Act, 1882 (2 of 1882) by G.S.R. 666(E), dt. 27-8-2015 (w.e.f. 27-8-2015).

344. Subs. for 35% by S.O. 1685(E), dt. 20-4-2018 (w.e.f. 19-2-2018).

345. Subs. by G.S.R. 1314, dt. 16-8-1960.

346. Subs. by G.S.R. 1845, dt. 28-11-1963 for Board concerned .

347. Subs. by G.S.R. 1845, dt. 28-11-1963.

348. Subs. by G.S.R. 284(E), dt. 4-4-2019 (w.e.f. 4-4-2019). Prior to substitution it read as: 55. Form and manner of maintenance of accounts. 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 the financial year and the books shall be balanced on the thirty-first March each year.