Employer
Coverage
- Establishments employing 20 or
more persons and engaged in any of the 180 industries / Classes of
Businesses specified.
- Co-operative Societies, employing
50 or more persons & working without the aid of power.
- Establishments not coverable
statutorily can come under the coverage of the Act statutorily.
- An establishment continues to be
covered under the Act, irrespective of the fall in the employment
strength.
- Since the Act applies on its own
force to the establishments, the employers are required to file the
particulars in the specified format for registration and allotment of
business number.
Contributions:
- Statutory rate of contribution is
12% of emoluments (basic wages, dearness allowance, cash value of food concession
and retaining allowances if any,) in the case of 175 establishments.
- Rate of contribution shall be 10%
in the case of the following:
Brick, beedi, jute, guar gum factories, coir
industry other than spinning sector.
- Establishments declared as sick
undertakings by BIFR.
- A matching contribution is to be
collected from the emoluments of the employees.
Out of 12% (or 10% as the case may be) of the employer’s share of
contribution, 8.33% is to be remitted towards pension fund.
- Employer is also required to pay a
contribution of 0.5% of the emoluments towards EDLIS’1976.
Administrative Charges:
- An employer is required to pay
administrative charges at 1.10% of emoluments towards provident fund
charges and 0.01% towards EDLI Scheme 1976.
- No separate administrative charges
for pension scheme
Inspection Charges:
- In respect of exempted
establishment under P.F. Scheme employer is liable to pay only inspection
charges at the rate of 0.18% of emoluments.
- In the case of establishment
exempted from EDLI Scheme, the employer is
required to pay only inspection charges at the rate of 0.005% of
emoluments.
Interest Liability:
- For belated remittances of
contributions, administrative / inspection charges interest at the rate of
12% on such remittances for the period of delay is to be remitted.
Damages:-
- For all the belated remittances of
contribution and administration/inspection charges damages are also
payable as penalty ranging from 17% to 37% p.a. depending upon delay.
Duties of Employer
- Enrol all categories of employees
including the employees engaged by or through contractors and also piece
rated, hourly rated employees.
- Remit the contributions and
administrative charges before the 15th of the following month.
- File the initial returns of Form
9, Form 3(P.S.), form 5A.
- File the monthly returns in Form
12A, Form 5, Form 10 and Challans for remitting
the dues.
- Maintain the contribution card in
respect of each employee in Form 3A and submit the annual returns in Form
3A and 6A after reconciliation with Challans and
form 12A.
- The employer has to ensure that
statutory dues in respect of contractors
employees are remitted and returns filed.
- Employer should attest the form No.2 and the claims forms submitted by the
member/ legal heirs/ nominees.
- Make available all relevant
records for inspection of visiting officials with due authorisation.
Exemptions under the Schemes
Provident
Fund
- An individual member getting
Provident Fund benefits on par with or better than statutory provisions
can apply for exemption in Form 1 under para 27.
- Employers can apply for exemption
in respect of a class of employees getting similar or better benefits than
the statutory P.F. Scheme under P. 27A subject
to the conditons governing grant of
exemption.
- The
employer can seek exemption from P.F. Scheme for the entire
establishment if the majority of the employees also consent for exemption,
subject to certain conditions governing grant of exemption and
certain formalities.
Pension
Scheme
- Employer can avail exemption for
the establishment as a whole, with the consent of majority of employees,
if an alternative pension scheme is formulated by the establishment with
benefits either on par with or superior to the EPS ’95 and subject to
certification of the viability and long sustenance of the
scheme by an independent qualified actuary and satisfying the other
conditions prescribed governing the grant of exemptions.
- There is no provision for
exemption of individuals or for class of employees.
EDLI Scheme
- The establishment can get
exemption from the EDLI Scheme, if the employees therein are entitled for
a benefit in the nature of insurance whether linked to their P.F. deposit
or not and without paying any contributions.
Membership
Eligibility to
Membership:
a) Employees' Provident Fund Scheme:
1.
Every employee
(including part-time workers and those employed by or through contractors)
shall be entitled to become a member of the Scheme from the date of joining the
factory or the other establishment. (Para 26)
2.
Every excluded
employee shall be entitled to become a member from the date he ceased to be
such employee.
3.
Every member of
an exempted Provident Fund on joining establishment to which the Scheme
applies.
4.
Any employee
who is not otherwise eligible to become member of the Scheme, on request by him
and his employer.
5.
Every newspaper
employee other than an excluded employee shall be entitled to become member of
the Fund after completion of 3 months continuous
service or if he has actually worked for 60 days during 3 months or less
(There is no wage ceiling in the case of newspaper employee). (Para 80)
6.
Every Cine
Worker other than an excluded employee shall be entitled to become a member of
the Fund if he has worked in not less than three feature films with one or more
producers provided his pay at the time of joining the Fund does not exceed Rs.
1600/-P.M or Rs.15,000/- per year. (Para 81)
Note: w.e.f 1-11-90 , an employee
is eligible for membership from the very first date of joining a covered
establishment.
b) Employees' Pension Scheme:
1.
Every employee
who became member of the Employees' Provident Fund Scheme on or after 16-11-95.
(Employee who is above the age of 58 on the date of joining the Employees'
Provident Fund Scheme shall not be enrolled).
2.
Every employee
who is a member of Employees' Provident Fund Scheme 1952 and who has not opted
for erstwhile Employees' family pension scheme, may
also become a member if he opts for Employees' Pension Scheme.
3.
Every employee
who was a member of Employees' Provident Fund Scheme and has left service
between 1-4-93 and 15-11-95 can also join the Employees' Pension Scheme by
submission of option.
Note: The
Employees' Pension Scheme membership will cease from the date the member
attains 58 years of age . However, he will continue to
be a member of Employees' Provident Fund till he leaves the service and
withdraws the Provident Fund accumulations.
c) Employees' Deposit Linked
Insurance Scheme:
Every employee
who become member of the Employees' Provident fund Scheme/exempted Provident
Fund Scheme.
Administrative
Charges
a) Employees'
Provident Fund Scheme:
1.10% of total
wages on which Provident Fund is recovered subject to a minimum of Rs. 5/-
shall be payable by the employer every month . Prior to 1.8.98, w.e.f. 1.8.98 .65% of total wages
b) Employees'
Pension Scheme Scheme:
No administrative charges are payable by the employer .The entire cost of
administration is met by Central Government .
c) Employees'
Deposit Linked Insurance Scheme:
0.01% of the
total on which the Employees' Deposit Linked Insurance contributions recovered
subject to a minimum of Rs. 2/- per month .
Inspection
Charges
a) Employees'
Provident Fund Scheme:
0.18% of the
total wages on which Provident Fund is recovered .
b) Employees'
Pension Scheme Scheme:
Nil .
c) Employees'
Deposit Linked Insurance Scheme:
0.005% of the
total wages of the employees who are entitled to become members of the
Employees' Deposit Linked Insurance Scheme subject to a minimum of Re. 1/-
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FOLLOWING DOCUMENTS ARE REQUIRED FOR
DECIDING FINAL DATE OF COVERAGE
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I.
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MANUFACTURING UNIT
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1
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Copy of 1st partnership deed / memoranda and article
of association
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2
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Extracts from 1st Year ledger / cashbooks for :
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1st purchase of raw material
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1st salary / wages paid
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1st salaray / wages paid
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1st sale
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1st rent paid
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3
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Copy of 1st Sales tax assessment order
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4
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Copy of 1st Income Tax assessment order
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5
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Copy of 1st years balance sheet
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6
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Salary/wages registers, vouchers,
books and balance sheets from date of start till date of provisional
coverage done earlier
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7
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C.S.T & B.S.T. Certificate
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8
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Books of accounts ( Ledger,
cash books etc.) since beginning.
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9
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Balance sheet / P&L account (in case of Limited
company Annual Report since beginning.)
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10
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Shops & Establishment Registration
Certificate/Factory Licence
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11
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Partnership deed in case partnership firm) and
Memorandum of Association & Articles (In case of Limited Co.)
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12
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Salary/Wage register and Attendance Register since
beginning.
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13
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Month wise strength of numbers of employees since
beginning
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14
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List of Directors/Partners/ owners along with their
residential addresses
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15
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Name of the Bankers, Address of the Bank and and name of the person responsible for financial
affairs.
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II.
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RESTAURANT/RESIDENTIAL HOTEL
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1
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All the
above documents except Sr. No. 1
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2
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Invitation
card or paper-cutting of the advertisement regarding the inauguration of
the restaurant/ hotel.
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3
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Eating
House Licence from the public health department
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4
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Licence for public entertainment in the
premises issued by the police department.
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5
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1st sale
bill (either restaurant or room sale bill whichever is earlier).
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6
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Room sale
register.
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7
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Excise
Certificate.
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8
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Bar permit licence (if any)
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CONTRIBUTION
OF EMPLOYERS
Rates
of Contribution:
a) The
Employees' Provident Fund Scheme
In respect of
establishments employing 20 or more persons and engaged in industry notified
under Section 6 of Act ( other than the Establishments. declared as
sick ) 12% of the basic pay DA , Cash value of food concession and retaining
allowance , if any, subject to a maximum of Rs.6500/- per month. Voluntary
higher contributions are also acceptable at the joint request of the member and
the employer . However, the rate of contribution is
10% in respect of the following categories of establishments:
- Any establishment covered prior to
22.9.97 in which less than 20 persons are employed.
- Any sick industrial company as
defined in Clause(0) of Sub-Section(1) of Section
3 of the sick industrial companies ( special provisions ) Act 1985 and
which has been declared as such by the Board for Industrial and Financial
Reconstruction.
- Any Establishment which has at the
end of any financial year accumulated losses equal to or exceeding its
entire net worth.
- Any Establishment engaged in
manufacturing of (a) Jute , (b) Beedi , (c) Brick , (d) Coir (other than spinning
sector), (e) Guar Gum Industries/Factories.
b)
The Employees' Pension Scheme
From and
out of employer's share of Provident Fund contributions 8.33% of the
total wages limited to Rs. 6500/- per month is segregated and credited to the
Employees' Pension Fund in A/C No. 10 ( w.e.f.
1-06-2001 ).
The
Central Government also would contribute at the rate of 1.1 / 6% of total
wages.
c) Employees' Deposit Linked Insurance
Scheme:
No
amount is recovered from employee's wages . Employer
should pay 0.5% of total wages subject to a ceiling of Rs. 6500/- per month ( w.e.f. 1-06-2001 ).
TO BE OBSERVED
BY THE ESTABLISHMENT GRANTED EXEMPTION UNDER SEC.17(1)
(a) OF THE EMPLOYEES' PROVIDENT FUND & MISC. PROVISIONS ACT 1952
- The employer in relation to the
said establishment shall provide for such facilitation for inspection and
pay such inspection charges as the Central Govt. may from time to time
direct under clause (a) of such section 17 of the said Act within 15 days
from the close of every month.
- The rate of contribution payable
under the provident fund rules of the establishment shall at no time be
lower than those payable under the said Act in respect of the un-exempted
establishments and the said scheme framed there under.
- In the matter of advances the
scheme of the exempted establishment shall not be less favourable
than the Employees' Provident Fund Scheme, 1952.
- Any amendment to the said scheme
which is more beneficial to the employees than the exiting
rules of the establishment shall be applicable to them automatically. No
amendment of the rules of provident fund of the said establishment shall
be made without the previous approval of the Regional Provident Fund
Commissioner and where any amendment is likely to effect
adversely the interest of the employees of the said establishment the
Regional Provident Fund Commissioner shall give a reasonable opportunity
to the employees to explain their points of view.
- All employees (as defined in
section 2(f) of the said Act ) who would have
been eligible to become members of the Provident Fund had the
establishment not been granted exemption shall be enrolled as members.
- Where an employee who is already a
member of the Employees' Provident Fund (statutory) or a provident fund of
any other exempted establishment is employed in his establishment the
employer shall immediately enrol him as a member
of the fund and arrange to have the accumulation in the provident account
of such employee with his previous employer transferred and credited to
his account.
- The employer shall establish a
Board of Trustees for the management of the Provident Fund according to
such directions as may be given by the Central Provident Fund Commissioner
or by the Central Government as the case may be from time to time.
- The Provident Fund shall vest in
the Board of Trustees, who will be responsible for and accountable to the
Employees Provident Fund Organisation for proper
accounts of the receipt in the and payments from
the provident fund and the balance in their custody.
- The Board of Trustees shall meet
at least once in every three months and shall function in accordance with
the guidelines that may be issued from time to time by the Central Government
/ Central Provident Fund Commissioner or an officer authorised
by him.
- The accounts of the provident fund
maintained by Board of Trustees shall be subject to audit by a qualified
independent Chartered Accountant annually. Where considered necessary, the
Central Provident Fund Commissioner shall have the right to have the
accounts re-audited by any other qualified auditors and the expenses so
incurred shall be borne by the employer.
- A copy of the Audited annual
provident fund accounts together with the audited balance sheet of the
establishment for each accounting year shall be submitted to the Regional
P.F Commissioner within six months after the close of the financial year.
Financial year shall be from the 1st of April to the 31st of March.
- The employer shall transfer to the
Board of Trustees the contributions payable to the Provident Fund by
himself and the employees by the 15th of each month following the month
for which the contributions are payable . The employer shall be liable to
pay damages to the Board of Trustees for any delay in payment of the
contribution in the same manner as an un-exempted establishment is liable
under similar circumstances.
- The Board of Trustees shall invest
the monies in the fund as per directions that may be given by the
Government from time to time. The securities shall be obtained in the name
of the Board of Trustees and shall be kept in the custody of a scheduled
bank under the Credit Control of the Reserve Bank of India.
- Failure to make investments as per
directions of the Government shall make the Board of Trustees severally
and jointly liable to surcharge as may be imposed by the Central Provident
Fund Commissioner or his representative.
- The Board of Trustees shall
maintain a script-wise register and ensure timely realisation
of interest.
- The Board of Trustees shall
maintain detailed accounts to show the contributions credited,
withdrawal and interest in respect of each employee.
- The Board shall issue an annual
statement of accounts to every employee within six months of the close of
financial year.
- The Board may instead of the
annual statement of accounts issue pass books to every employees.
These pass books shall remain in the custody of the employees and will be
brought up-to-date by the Board on presentation by the employees.
- The accounts of each employee
shall be credited with interest calculated on the opening balance as on
the first day of the accounting year at such rate as may be decided by the
Board of Trustees but shall not be lower than the rate declared by the
Central Government under para 60 of the said
Scheme.
- If the Board of Trustees are
unable to pay interest as per the rate declared by the Central Government
for the reasons that the return on investment is less or for any other
reasons then the deficiency shall be made good by the employer.
- The employer shall also make good
any other loss that may be cause to the Provident Fund due to theft,
burglary, defalcation, misappropriation or any other reasons.
- The employer as well as the Board
of Trustees shall submit such returns to the Regional Provident Fund
Commissioner as the Central Government / Central Provident Fund
Commissioner may prescribe from time to time.
- If the Provident Fund rules of the
establishment provide for forfeiture of the employees' contribution in
case where an employee ceases to be a member of the fund on the lines of para 69 of the said scheme, the Board of Trustees
shall maintain a separate account of the amounts so forfeited and may utilise the same for such purpose as may be determined
with the prior approval of the Central Provident Fund Commissioner.
- Notwithstanding anything contained
in the Provident Fund Rules of the establishment, if on the cessation of
any individual from the membership of the fund consequent on retiring from
service or on taking up the employment in some other establishment
, it is found that the rate of contribution , rate of forfeiture
etc. under the P.F Rules of the establishment are less favourable
as compared to these under the statutory scheme the difference shall be
borne by the employer.
- The employer shall bear all
expenses of the administration of the Provident Fund including the
maintenance of accounts, submission of returns and transfer of
accumulations.
- The employer shall display on the
notice board of the establishment a copy of the rules of the fund as
approved by the appropriate authority and as and when amended thereto
along with a translation of the salient points thereof in the language of
the majority of the employees.
- "The appropriate
Government" may lay down any further condition for continued
exemption of the establishment.
- The employees shall enhance the
rate of provident fund contributions appropriately if the rate of
provident fund contribution is enhanced under the said Act, so that the
benefits under the Provident Fund Scheme of the Establishment shall not
become less favourable than the benefits
provided under the said Act.
- The exemption is liable to be
cancelled for violation of any of the above conditions.
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PROVISIONS OF THE EMPLOYEES'
PROVIDENT FUND SCHEME 1952 ON SETTLEMENT OF EMPLOYEES' PROVIDENT FUND CLAIMS
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For reading
material refer :
Employees' Provident Fund Scheme, '52 - para 69 ,
70 , 72(1) , 72(2) , 72(3) , 72(3A) , 72(4).
Forms prescribed for claiming the Provident Fund dues :
By a member : through Form 19
On death of member by nominee/family member(s)/legal heirs: through
Form 20
SETTLEMENT
UNDER PARA 69-TO MEMBER:
THROUGH FORM
No.19
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Immediate settlement
without waiting period of 2 months
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Settlement
only after a waiting
period of two months
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69(1)(a) Retirement after attaining 55
years of age.
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69(1)(e)(i) transfer of a non retrenched employee from a closed
establishment to uncovered establishment.
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69(1)(b) Retirement on account of total and
permanent incapacity due to bodily or mental infirmity .
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69(1)(e)(ii) Transfer of an employee from a
covered establishment to an un-covered establishment under the same
employer.
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69(1)(d) Termination of service on
retrenchment.
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69(2) Other cases viz. Resignation,
Leaving service, etc.
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69(1)(dd) Termination on V.R.S
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Note: For female members leaving
service for the purpose of getting married; waiting period not applicable.
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69(1)(c) Migration from India for permanent settlement abroad
or taking employment abroad.
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69(1)(e)(iii) Members discharged & retrenchment compensation
paid under I.D. Act 1947.
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Settlement
under para 70:
(Accumulation
of a deceased member) through Form No. 20
70(i) If a nomination exists, payment is made to the nominee
in accordance with Form
2(R) . (Nomination and
Declaration Form).
70(ii) If no nomination subsists, payment is to be made to every member of his
family (as defined under para-2(g) of Employees' Provident Fund Scheme 1952)
in equal share. For the purpose of this paragraph, a member's posthumous
child, if born alive , shall be treated as a
surviving child, born before the member's death.
But the following will not be eligible for any share, if other family members
are available to receive the accumulations.
- Major sons ,
- Major sons of a deceased son ,
- Married daughters whose husbands are alive ,
- Married daughter of a deceased son whose husbands are alive.
70(iii)
In cases where para 70(i),
70(ii) , does not apply, the payment is to be made
to the person who is legally entitled to it, vide para
70(iii). In case there is no nominee and also there is no person entitled to
receive the amount, if the amount to the credit of the fund does not exceed
Rs. 10,000/-, the Commissioner may pay such amount to the claimant after
enquiry and after satisfying the title of the claimant.
When the
payment is to be made to a minor, it is payable to :
- The Guardian appointed under Guardian and Wards Act 1890 , failing
(a), to
- The Guardian appointed by the member as per para
61(4A), failing (a),(b), to
- To the natural guardian of the minor, failing (a) (b) (c), to
- To the person , considered to be the proper
person by the commissioner when the amount not exceeding Rs.20,000/- or
the person considered to be the proper person , by the Chairman , C.B.T
where the amount exceeds Rs. 20,000/- . Para-72(3)
When the
payment is to be made to a lunatic person , it is payable to:
- The Manager appointed for the minor's estate under Indian Lunacy Act
,1912 failing (a),
- The natural guardian of the lunatic, failing (a)(b),
- To the person considered by the Commissioner as proper person , amount not exceeding Rs.20,000/- or to
person considered by Chairman C.B.T as proper person amount exceeding
Rs. 20,000/-. Para-72(3A)
Note:
Maximum amount payable by money order is Rs.2000/- and beyond that by cheque. If the amount is beyond Rs. 500/-, the M.O. cost
will be borne by the claimant.
Para 70(A):
If
a person entitled to received a share in the Provident Fund accumulations of
a deceased member is charged with committing the murder of the member or with
abetting the crime, the share payable to such person shall be retained till
the case is finalised . If, subsequently he/she is exonerated, the share will
be paid to him/her. If such a person is found guilty and convicted, the share
will be paid equally to other person(s)
entitled to receive the accumulations.
WITHDRAWALS
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Types of Benefit
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Eligibility
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Eligible Amount
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Form
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Documentary Support
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The purchase of site for
construction of house
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5 Years of membership of the Fund
(Minimum balance in member’s a/c should be Rs. 1000/-)
* The purchase should be in favour of member or
member & spouse.
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l 24 months wages (Basic & DA)
OR
l Member’s own share of contribution + Company’s share of Contribution with
interest thereon
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No.31
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A declaration from the member that,
dwelling site or dwelling house/flat or the house under construction is
free from encumberances and the same is
under the title of the member or the spouse (notification dated
25.2.2000)
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The Construction of House
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5 Years of membership of the Fund
(Minimum balance in member’s a/c should be Rs. 1000/-)
* The purchase should be in favour of member or
member & spouse.
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l 36 months wages (Basic+DA)
OR
l Members own share of contribution + Company’s share of contribution
with interest thereon
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No.31
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A declaration from the member that,
dwelling site or dwelling house/flat or the house under construction is
free from encumberances and the same is
under the title of the member or the spouse (notification dated 25.2.2000)
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The purchase of dwelling flat
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5 Year of membership of the Fund
(Minimum balance in member’s a/c should be Rs. 1000/-)
* The purchase should be in favour of member or
member & spouse.
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l 36 months wages (Basic+DA)
OR
l Members own share of contribution + Company’s share of contribution
with interest thereon
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No.31
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A declaration from the member that,
dwelling site or dwelling house/flat or the house under construction is
free from encumberances and the same is under the
title of the member or the spouse (notification dated 25.2.2000)
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Additions, Alterations or
improvements to the dwelling house
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5 years from the date of completion
of dwelling house
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12 months basic or members own
share of contribution with thereon.
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No.31
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68 BB : REPAYMENT OF LOAN
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Types of Benefit
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Eligibility
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Eligible Amount
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Form
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Documentary Support
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Advance from the fund for repayment
of loan
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10 years membership of the fund
& member should have taken loan from Govt. Body
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36 month wages (Basic + DA)
OR
Members own share of Contribution + Company’s share of Contribution with
interest thereon.
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No.31
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A certificate from the lending
authority furnishing the details of loan and outstanding amount.
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68 J : ADVANCE FROM FUND FOR ILLNESS
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Types of Benefit
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Eligibility
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Eligible Amount
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Form
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Documentary Support
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Advance from the fund for illness
viz. hospitalisation for more than a month, major
surgical operation or suffering from TB, Leprosy, Paralysis, Cancer, Heart
ailment etc.
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Stay in Hospital at least for a
month
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6 moths wages (Basic + DA)
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No.31
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A certificate from the Medical
Practitioner for hospitalisation or operation.
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68 K : ADVANCE FROM THE FUND FOR MARRIAGE
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Types of Benefit
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Eligibility
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Eligible Amount
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Form
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Documentary Support
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l Advance from the fund for
Marriage of self/son/daughter/ sister/brother etc.
l Advance from the fund for education of Son/Daughter
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l 7 years membership of the fund
& minimum balance in member’s account should be Rs. 1000/-
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l 50% of member’s own share of
contribution
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No.31
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Declaration by the member which is
attested by the employer.
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68L : ADVANCE IN ABNORMAL CONDITIONS
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Types of Benefit
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Eligibility
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Eligible Amount
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Form
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Documentary Support
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Grant of advance in abnormal
conditions, Natural calamities etc.
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l Certificate of damage from
appropriate authority.
l State Govt. declaration.
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l Rs. 5000/- or 50% of member’s own
share of contribution (To apply within 4 months)
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No.31
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l Certificate from the Appropriate
Authority.
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68 M : ADVANCE TO MEMBER AFFECTED BY CUT IN THE SUPPLY
OF ELECTRICITY
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Types of Benefit
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Eligibility
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Eligible Amount
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Form
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Documentary Support
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Grant of advance to members
affected by cut in the supply of electricity
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l The advance may be granted only
to a member whose total wages for any one month commencing from the month
of January 1973 were 3/4th or less than 3/4th of
wages for a month
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l Wages for a month
OR
l Rs.300/-
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No.31
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Certificate from State Govt.
regarding cut in the supply of electricity.
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68 N : GRANT OF ADVANCE TO MEMBERS WHO ARE PHYSICALLY
HANDICAPPED
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Types of Benefit
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Eligibility
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Eligible Amount
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Form
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Documentary Support
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To Physically Handicapped member
for purchase of an equipment required to minimize
the hardship on account of handicap.
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Production of medical
certificate from a competent medical practitioner to the effect that he is
physically handicapped
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Basic wages+ DA for six months
or own share of contribution with interest or cost of equipment which ever is least.
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No.31
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Certificate from the Medical
practitioner to the effect that the member is physically handicaped..
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Note: For calculation/ computing the
period of membership U/P 68B, 68BB, 68K, total service exclusive of periods of break under the same employer before
the scheme is applied to him, as well as period of membership of the fund is
always included.
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CONDITIONS FOR GRANT OF
INSTALLMENT FACILITY TO LIQUIDATE THE OUTSTANDING PF ARREARS
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This
facility is available only for liquidation of arrears under the Employees
Provident Fund Act including damages and interest.
- Maximum
installments shall be 36 (monthly installments). However, the number
of installments admissible in each case will be decided on individual
merits.
- Except
in the case of sick units, the defaulters shall be required to
liquidate the employees’ share, before applying for installments.
- The
scheme shall operate from the subsequent month of grant of the
facility.
- A
revolving bank guarantee equal to one installment shall be furnished
along with the proposal.
- The
proposal shall be submitted to the regional / sub-regional /
sub-accounts office controlling compliance of the establishment.
Depending on the delegated powers the case shall be processed by the
appropriate office.
- Where
the case is to be decided by the Head office, the proposal complete in
all respect shall be forwarded by the Regional Provident Fund
Commissioner-I alongwith his observations
and specific recommendations.
- RPFC-I
shall recommend the installment only where it exceeds the delegated
powers or where the period required stretches beyond the calendar
year.
- Only
if the RPFC is satisfied about the viability of the scheme, he shall
send his recommendation.
- The
number of installments recommended shall be reasonable and relatable
to the quantum of default.
- The
establishment shall be required to remit the installment amount
positively before 15th of the subsequent month.
- The
establishment shall ensure remittance of the current dues alongwith the installment dues before 15th of the
month.
- There
shall be an undertaking regarding payment of damages and interest dues
as and when levied.
- The
installment scheme shall be deemed to have been cancelled in case of
any default in payment either of installment amount or current dues.
- Consequent
on the cancellation of the installment facility, all coercive steps
shall be initiated against the establishment / employer for realizing
the outstanding dues without further notice.
- Even
where the default amount is within the powers of the RPFCs a review
shall be made by the RPFC-I of the region periodically.
Further
details, if any required, can be had from the nearest office of the
Employees Provident Fund Organisation.
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