Employee provident fund & miscellaneous act 1952 abhishek nagre
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Transcript of Employee provident fund & miscellaneous act 1952 abhishek nagre
EPF ACT 1952
The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 came into
effect on 4 March 1952
3 schemes come under this
• Employees' Provident Fund Scheme, 1952
• Employees' Deposit Linked Insurance Scheme, 1976
• Employees' Pension Scheme, 1995 (replacing the Employees' Family Pension
Scheme, 1971)
The act came into immideate effect from 14 - 3 - 1952
EMPLOYEES' PROVIDENT FUND ORGANIZATION OF INDIA
• Statutory body of the Government of India under the Ministry of Labor and Employment
• The headquarters of the organization is in New Delhi
• It administers a compulsory contributory Provident Fund Scheme, Pension Scheme and an
Insurance Scheme.
• It is one of the largest social security organizations in the India in terms of the number of
covered beneficiaries and the volume of financial transactions undertaken
• The total assets under management at more than INR 5 lakh crore (US$91 billion) as
of 1 May 2013
• The organization is administered by a Central Board of Trustees, composed of
representatives of the Government of India, provincial governments, employers and
employees
• The board is chaired by the Union Labor Minister of India.
he total assets under management at more than 5 lakh crore (US$91 billion) as of 1 May 201
EPF Organization
Regional Offices headed by Regional P.F. Commissioners
(Grade I)
Regional P.F. Commissioners (Grade II)
Regional Offices headed by Regional P.F. Commissioners
(Grade I)
Additional Central Provident Fund Commissioner
Additional Central Provident Fund Commissioner
Regional P.F. Commissioners (Grade II)
For every political state they have
The states have either one or more than one
which are further sub- divided into Sub-Regions
WHAT IS EPF
The EPF (Employees' Provident Fund) is the most popular investment for salaried
individuals
and is maintained solely by the Employees' Provident Fund Organization of India (EPFO).
RULE :
A part of the employees salary is benefitted to this scheme which can be withdrawn by
the employee in later stages for his purpose – Security , Help during dire circumstances
“As a rule, any company having more than 20 employees has to register
with the EPFO”
Rate of 12 %
Rate of contribution shall be [twelve] per cent in respect of any establishment or class of
establishments which the Central Government may specify in the Official Gazette from time
to time
Contribution as described in law
The contributions payable by the employer under the Scheme shall be at the rate of [ten per
cent] of the [basic wages, dearness allowance (including the cash value of any food
concession) and retaining allowance
CONTRIBUTION RATES SECTION 6
The contribution is made by both Employer and the employee
Employees contribution
The contribution payable by the employee under the Scheme, shall be equal to the contribution
payable by the employer in respect of such employee
Rate of contribution is 10 % usually in the following conditions
• Employees are less than 20
• The units that are declared sick
• Units of Beedi , Jute , Brick , coir
The contributions shall be calculated on the basis of
• Basic wages, dearness allowance (including the cash value of any food concession)
• Retaining allowance
actually drawn during the whole month whether paid on daily, weekly, fortnightly or
monthly basis
Contribution in excess
In case an employee wants to contribute more than 12 % he is allowed to do so but
the employer is not entitled to contribute the extra percentage
CONTRIBUTION COMPULSORY ???
Contribution is compulsory wherein the basic salary is 6500 rupees and
if the basic salary exceeds 6500 rupees then the membership is taken
upon the joint request of the employer and the employee
INTEREST PAID
• 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.
• At current the interest rate is 8.5 %
• Interest shall be credited to the member’s account on monthly running balances basis
PENALTY ON NON PAYMENT 32 A
Where an employer makes default in the payment of any contribution to the fund, or in the transfer of
accumulations required to be transferred by him
Imprisonment depending upon non payment up to 3 years with 10 thousand fine
Period of default Rate of damages
(% of arrears per annum)
Less than two months 17
Two months and above but less than four months 22
Four months and above but less than six months 27
Six months and above 37
COVERAGE
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 2nd day of September, 1952 and which
employees 20 or more persons
EXEMPTIONS SECTION 16
This Act shall not apply
(a) to any establishment registered under the Co- operative Societies Act, 1912 (2 of 1912 ),
(b)to any other establishment belonging to or under the control of the Central Government or a State
Government
(c) to any other establishment newly set up, until the expiry of a period of three years from the date on
which such establishment is, or has been, set up
Right from day one
The act comes in to enactment from the very day of the company's establishment or
commencement of business except some class establishments which are mentioned
under section 16 of the act
Once applied ….
The Act once applied will continue to apply even after the employees number comes
down to below 20
Applicable to cinema theaters that have employed 5 or more than 5 employees
MEMBERSHIP
• Right from the day of establishment
• Membership is offered to employees working part time / full time and
temporary /contractual employees
• Compulsory for people having basic pay of Rs 6500
• If basic pay exceeds Rs 6500 then it is granted by the request from the
employer and the employee
VOLUNTARY COVERAGE
Section 1 [4]
If any company / establishment which does not come under coverage wants to
enroll for the membership it can do so by the consent of the employer and the
consent obtained by the majority of the employees
WHAT DOES ACT COMPLY TO
• Coverage of the possible coverable establishments according to the rules laid down
• Extending membership to all the employees who work in the establishments that get
registered
• Ensuring proper implementation of act and the schemes thereof
REGISTRATION PROCESS
• Upon registration the company / establishment is issued with registration number
or code number
• Issued by the regional provident fund commissioner of the particular region the
establishment belongs to
• Code number is usually issued within 3 days on submission of the requisite
documents
• The members - as in the employees are assigned a separate PF account number
for life long reference
DUTIES OF EMPLOYER
• Enroll all employees including contractual or contracted employees and
hourly rated employees
• Remit contributions and administrative charges before the 15th of the
following month
• Filing of the initial returns form 9
• Monthly returns filing with the help of form 12 A
• Make all records available for the inspection of the authority
• Ensure continuous payment to prevent penalties
BENEFITS OFFERED UNDER SCHEME
Payment of accumulation plus interest on the eve of retirement resignation or death
Partial withdraws are permitted for special purposes
• Financing life insurance policies
• Acquiring house or site
• Marriages of self or dependents
• Education of children
• Treatment of illness
• Purchase of any equipment by physically handicapped persons
• Financial assistance on lockout or discharge of duties