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Premium member Presentation Transcript THE EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT,1952: THE EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT,1952 Application of the Act The act extends to the whole of India [sec .1(2)] To every establishment which is a factory engaged in any industry specified in schedule I and in which 20 or more persons are employed [sec. 1(3) (a)], and To any other establishment employing 20 or more persons or class of such establishments which the central government may, by notification in the official gazette, specify in this behalf [sec. 1(3) (b)]. by Dr. M.latha NatarajanSlide 2: Powers to apply act to an establishment which has a common provident fund with another establishment. Power to add to Schedule I Establishment to include all departments and branches. Definitions Appropriate government [sec. 2(a)] - central or state govt. Authorised officer [sec. 2(aa)] - Central P.F. Commissioner - Additional Central P.F. Commissioner - Deputy Central P.F. Commissioner - Regional Central P.F. Commissioner Basic wages [sec. 2(b)] by Dr. M.latha NatarajanSlide 3: Contribution [sec. 2(c)] -employee & employer contribution towards P.F Controlled industry [sec. 2(d)] -All the industries specified in the First schedule of the industries Act 1951. Employer [sec. 2(e)] - owner or the occupier of the factory - the authority who have ultimate control over the affairs. Employee [sec. 2(f)] -who is employed directly or through agent. Exempted employee [sec. 2(ff)] Exempted establishment [sec. 2(fff)] Factory [sec. 2(g)] – Premises, manufacturing process by Dr. M.latha NatarajanSlide 4: Family pension Fund [sec. 2(h)] Industry [sec. 2(i)] Manufacture or manufacturing process [sec. 2(i-c)] Member [sec. 2(j)] Occupier of a factory [sec. 2(k)] -who has ultimate control over the affairs of the factory Pension fund [sec. 2(kA)] Pension scheme [sec. 2(kB)] Recovery officer [sec. 2(kb)] -any officer of the central govt., state govt. or the Board of Trustees; notification under official gazette. Superannuation [sec. 2(ll)] Tribunal [sec. 2(m)] - the employees Provident Funds Appellate Tribunal Constituted under law. by Dr. M.latha NatarajanAdministration of the schemes: Administration of the schemes Central board - A chairman and a Vice-chairman -Central P.F. commissioner -15persons appointed by central govt. -15 persons appointed by sate govt. -10 persons representing employers and 10 persons representing employees Executive committee - A chairman. 10 persons each by central and state govt., 3 persons each from representing employees and employers. State board Appointment of officers - Appointment of financial advisor, chief account officer, union public service commission. by Dr. M.latha NatarajanDETERMINATION OF MONEYS DUE FROM EMPLOYERS,THEIR RECOVERY AND EMPLOYEES’ PROVIDENT FUNDS APPELATE TRIBUNAL: DETERMINATION OF MONEYS DUE FROM EMPLOYERS,THEIR RECOVERY AND EMPLOYEES’ PROVIDENT FUNDS APPELATE TRIBUNAL Setting up an independent machinery for recovery of the outstanding amount of provident fund Determination of money dues from employer (sec 7(a)) - in a case where a disputes arises -determining the due amount from any employer * Central P.F. Commissioner, - Additional Central P.F. Commissioner, - Deputy Central P.F. Commissioner - Regional Central P.F. Commissioner :-> rights t conduct enquiry and make necessary claim from the employer Review of orders passed under Sec. 7-A - The officer made some mistake or error apparent on the face to the record. - Review his order if he is satisfied. Determination of escaped amount (sec 7-C ) by Dr. M.latha NatarajanSlide 7: Employees’ provident Funds Appellate Tribunal (secs.7-D) Constitution of appellate tribunal (sec. 7-D) - membership; 1 person appointed by central govt. Term of office (sec 7-E); act as a presiding officer Appeals to tribunal (sec 7-I); dealing with dues from employer Orders of tribunal (sec 7-L) Ratification of mistakes opportunity of hearing the employer A copy of order to be sent to parties order of tribunal not to be questionable Filling up of vacancies (sec 7-M) -vacancy occurs in the office of the presiding officer of a tribunal, the central govt. shall appoint another person. Interest payable by the employer (sec 7-Q) - 12% of interest per annum ; ,if any due from the employer by Dr. M.latha NatarajanRecovery of moneys due from employers: Recovery of moneys due from employers Modes of recovery -any contributions payable to the employees -Damages recovery -any charges payable by the employer to the govt. Issues of certificate to the recovery officer -Sale of the movable or immovable property -arrest of the employer -the authorised officer have to produce the related documents Validity of certificate and amendment thereof Certification about disputes and corrections of the amount the recovery officer have to produce no objection certificate after all verifications. Stay of proceedings under certificate and amendment or withdrawal thereof – any amount of payment and time granted for payment. by Dr. M.latha NatarajanRecovery of moneys by employer and contractors: Recovery of moneys by employer and contractors Fund to be recognised under the Indian income-tax act,1961 Protection against attachment (after death of employee nominee can apply for the claims such as p.f .pension) Priority of payment of contributions over other debts In the case of winding up or insolvent -any contribution payable by the employer -any contribution towards family pension scheme -any contribution to the insurance fund -any charges payable to the govt. Employer not to reduce wages - The employer do not have any rights to reduce the total quantum of benefits ; old-age pension and life insurance by Dr. M.latha NatarajanSlide 10: Inspectors -appointed by central govt. Powers -inquiring into the correctness -ascertaining the provisions of the act -ascertaining applications of p.f., insurance schemes of the establishment -rights to enquire the employer also -at any reasonable time rights to enter the establishment -to make copies of records and registers by Dr. M.latha NatarajanMISCELLANEOUS: MISCELLANEOUS Special provisions relating to existing provident funds Act not to apply to certain establishments *Cooperative societies * Any other establishments newly set up, until the expiry of a period 3 years Authorising certain employers to maintain provident fund accounts – 100 or more employees -obligation by the employer -cancellation of authorisation:- any information fails, employer commits any offence Power to exempt – the notifications granting such employments Transfer of accounts – re-employment by Dr. M.latha NatarajanSlide 12: Penalties - If any person knowingly makes any false statement Makes any false representation *Imprisonment from a term to 1 year *Or with a fine Rs.5,000 *or with both *1 year and a fine of Rs.10,000 in case of default to payment of the employees by Dr. M.latha Natarajan You do not have the permission to view this presentation. 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