the provident fund & miscellaneous provisions act

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Presented By-: CA. Mayank Mittal ACA, PGDBA, CCBAF,B.com © 2013 Gurukul CA/CS Classes CONFIDENTIAL: This document is for our company's internal use only and may not be copied nor distributed to another third party. 16 th Lecture © 2013 Gurukul CA/CS Classes CONFIDENTIAL: This document is for our company's internal use only and may not be copied nor distributed to another third party. 1

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Page 1: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

Presented By-:CA. Mayank MittalACA, PGDBA, CCBAF,B.com

© 2013 Gurukul CA/CS ClassesCONFIDENTIAL: This document is for our company's internal use only and may not be copied nor distributed to another third party.

16th Lecture

© 2013 Gurukul CA/CS ClassesCONFIDENTIAL: This document is for our company's internal use only and may not be copied nor distributed to another third party.

1

Page 2: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

© 2013 Gurukul CA/CS ClassesCONFIDENTIAL: This document is for our company's internal use only and may not be copied nor distributed to another third party.

The Employees Provident Funds and Miscellaneous The Employees Provident Funds and Miscellaneous Provisions Act, 4Provisions Act, 4thth March 1952. March 1952.

The Employees Provident Fund

Scheme, 4th march,1952.

The Employees’ Pension Scheme,

1995.

The Employees Deposit Linked

Insurance Scheme,1976

OBJECTIVEOBJECTIVE The Employees’ provident Funds and Miscellaneous provisions Act, 1952 is enacted to

provide a kind of social security to the industrial workers. The Act mainly provides retirement or old age benefits, such as Provident Fund, Superannuation Pension, Invalidation Pension, Family Pension and Deposit Linked Insurance.

The Act provides for payment of terminal benefits in various contingencies such as retrenchment, closure, retirement on reaching the age of superannuation, voluntary retirement and retirement due to incapacity to work.

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Page 3: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

© 2013 Gurukul CA/CS ClassesCONFIDENTIAL: This document is for our company's internal use only and may not be copied nor distributed to another third party.

APPLICABILITY OF THE ACTAPPLICABILITY OF THE ACT

Applicable all over INDIA except J&KAny establishment to which the Act applies shall continue to be governed by the Act even if the number of persons employed therein at any time falls below.

More than 20

workers

Less than 20

workers1- Factory2- Any other Establishment.-It is to be noted that only those factory will be included where 20 workers are employed……

Condition 1-Act being applicable on Such Establishment by CG by in the Official Gazette.Condition 2- At least 2 months notice should be given to such Establishment

If act is applicable on any Establishment, then the Provisions will be Automatically applicable on all Branches etc. For e.g if This act is applicable on Sahara then wherever Sahara Opens its Branch (irrespective of no of members in that branch), this act will be applicable on it.

Voluntary

Irrespective of No of Employees if • Employer & Majority of Employees made an Application to

CPFC AND• CPFC issues a notification for its applicability

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Page 4: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

© 2013 Gurukul CA/CS ClassesCONFIDENTIAL: This document is for our company's internal use only and may not be copied nor distributed to another third party.

DEFINATIONSDEFINATIONSFACTORY

Manufacturing Process

Employer

Employee

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Page 5: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

© 2013 Gurukul CA/CS ClassesCONFIDENTIAL: This document is for our company's internal use only and may not be copied nor distributed to another third party.

Basic Wage**impt

NON APPLICABILITY OF PF ACT SEC 16NON APPLICABILITY OF PF ACT SEC 16

1-Co-Opertaive

Society

2-Govt Undertaki

ng

3-Estd under

other Act

1- Regd under Co-Opertaives Society Act . AND2- Employees below 50 AND3- Working Without Aid Of Power.

1- Belongs to CG,SG or Both2- Employees are eligible for Contributory PF or Old Age Pension.

1- It has been set up under Central or State Act AND

2- Employees are eligible for Contributory PF or Old Age Pension. 5

Appropriate Government Definition same as Gratuity Act..A partner can not be be considered as EMPLOYEE of the firm

Newly Set up Establishment for 3 Yaers

Page 6: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

© 2013 Gurukul CA/CS ClassesCONFIDENTIAL: This document is for our company's internal use only and may not be copied nor distributed to another third party.

Exempted EstablishmentExempted EstablishmentProvident Fund Scheme

Pension Scheme

Insurance Scheme

Authority AG AG Central Provident Fund Commissioner

Manner Notification in Official Gazette

Notification in Official Gazette

Notification in Official Gazette

Terms 1- Such Conditions as Specified in Notification.2- May be given Retrospectively or Prospectively.3- Exemption from total act or from some provisions of the Act.

Conditions Exemption will be given if the Authority is of the View that Scheme Framed by the Company is at par or more favourable than the th scheme under respective acts.

In case Of PF, AG need to get the approval from Central Board and need to establish Board Of Trustee for the Administration of PF.

The PF & MP Act’1952 is applicable on Municipal Councils & Municipal Corporations 6

Page 7: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

© 2013 Gurukul CA/CS ClassesCONFIDENTIAL: This document is for our company's internal use only and may not be copied nor distributed to another third party.

Maintenance of PF AccountsMaintenance of PF AccountsAs per General Rules PF account is being maintained at PF Office, However an establishment may also get the permission to maintain the accounts if-Special approval is being provided by the CG in this respectStep 1- An application to CG in this respect.Step 2- Application to be made by Employer & majority of Employees.Step 3- Establishment must employs 100 or members.Step 4- The Establishment has not committed any default in PF act or any offence in this ACT in the last 3 preceding year from the date of Application.Cancellation-“GOLDEN RULE” Lets take general stand here, for getting any license we need to comply ceratin conditions and formalities and once we get the license e need to follow T&C mentioned on it. If we fails to follow or make any default, We give the Authority a reason to take any action against us and cancel the License. In some cases we gets the power to Be Heard in some we didn’t.. Similar things will apply everywhere just the Authority will change.

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Page 8: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

EPF Scheme Sec 6EPF Scheme Sec 6Contribution

Employer’s contribution

Employee’s Contribution

10% of (Basic Wages +DA + any Retaining Allowances)

10% of (Basic Wages +DA + any Retaining Allowances). However Employee may at his option may contribute higher from 10%, It is to be noted that If Employees Increase his % of Share, that did not put Burden on Employer to Increase their Share. In Normal Words, Employer need to contribute 10%/12% only even if Employee Increase their Quantum of Contribution.

Common Points-1- Contribution amount to be Rounded off to Nearest Rupee.2- DA include Cash value of any Food Concession.3- RA means any amount paid in terms of the service of Employee when Establishment is not working.4- CG is empowered to Increase the Rate of Contribution from 10 to 12%. (for Employees 12% will be minimum but maximum again no limit)5- PF along with Interest will be payable at the time of leaving the Service. However in case of Death, it will be paid to Nominee. Also Employee can make partial withdrawl during the time of Service for specified purpose.

© 2013 Gurukul CA/CS ClassesCONFIDENTIAL: This document is for our company's internal use only and may not be copied nor distributed to another third party.

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Page 9: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

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Matters for which provision may be made in a PF Scheme (Just for Knowledge) 1. The employees or class of employees who shall join the Fund and the conditions under which employees may be exempted from joining the Fund or from making any contribution.2.The time and manner in which contribution shall be made to the fund by employers and by, or on behalf.3. The payment by the employer of such sums of money as may be necessary to meet the cost of administering the Fund and the rate at which and the manner in which the payment shall be made.4. The constitution of any Committee for assisting any Board of Trustees.5. The manner in which accounts shall be kept, the investment of moneys belonging to the fund in accordance with any directions issued or conditions specified by the Central Government, the preparation of the budget, the audit of accounts and the submission of reports to the Central Government or to any specified State Government.6. The conditions under which withdrawal from the Fund may be permitted and any deduction or forfeiture may be made and the maximum amount of such deduction or forfeiture.7. The fixation, by the Central Government in consultation with the Board of Trustees concerned, of the rate of interest payable to members.8. The form in which an employee shall furnish particulars about himself and his family

Page 10: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

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10. The nomination of person to receive the amount standing to the credit of member after his death and the cancellation or variation of such nomination.11. The registers and records to be maintained with respect to employees and the returns to be furnished by employees (or contractors).12. The form or design or any identity card, token or disc for the purpose of identifying an employee, and for the issue, custody and replacement thereof.13. The fees to be levied for any of the purposes specified in this Schedule. 14. The contraventions or defaults which shall be punishable under Sub-section or Section 14. 15. The further powers, if any, which may be exercised by inspectors. 16. The manner in which accumulations in any existing provident fund shall be transferred to the Fund under Section 15 and the mode of valuation of any assets which may be transferred by the employers in this behalf.17. The conditions under which a member may be permitted to pay premium on life insurance from the Fund.18. Any other matter which is to be provided for in the Scheme or which may be necessary or proper for the purpose of implementing the Scheme.

Matters for which provision may be made in a PF Scheme (Just for Knowledge) Contd-

Page 11: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

© 2013 Gurukul CA/CS ClassesCONFIDENTIAL: This document is for our company's internal use only and may not be copied nor distributed to another third party.

Central BoardCentral Board1 CPFC

Maximum 5 Officials

(CG)

1 Chairman

10 personsMaximum

15 Officials (SG)

Appointed by CG

Representing Employees

Representing Employers

Functions1- The Central Board shall administer PF scheme, Pension Scheme & Insurance Scheme in the manner provided in the Schemes2- Central Board shall perform such functions as it may required to perform under the provisions of this scheme.

1 Vice Chairman

Administration Of Fund The Central Board shall administer Fund through Their Board

of Trustee. Fund Includes Fund from PF, PS and Insurance.

Formed By CG

Like company, Board of Trutee will have Perpetual Succession and Common SealThe Board shall maintain Proper accounts in such manner as prescribed by CG.Need to be Audited by Agencey appointed by CAG and reports shall be forwarded to CG.

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Appointed by CG

Page 12: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

© 2013 Gurukul CA/CS ClassesCONFIDENTIAL: This document is for our company's internal use only and may not be copied nor distributed to another third party.

EXECUTIVE COMMITTEE (Sec EXECUTIVE COMMITTEE (Sec 5AA)5AA)The Central Government may by notification in Official Gazette ,constitute an Executive Committee to assist the Central Board in the performance of its Function under Section 5AA

(Ministry of Labour & employment)

Central Provident Fund Commissioner

All Appointments done by CG…except for CPFC. Members are Selected out of the Members of the Central Board.No Act Done or proceeding taken by the Central Board or the Executive committee shall be questioned on the ground merely of the existence of any vacancy or any defect in the constitution of such Board or Committee.

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Page 13: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

© 2013 Gurukul CA/CS ClassesCONFIDENTIAL: This document is for our company's internal use only and may not be copied nor distributed to another third party.

Determination of applicability & Money Due Determination of applicability & Money Due (Sec 7A)(Sec 7A)

Step 1

Condition- There must be Dispute regarding Applicability of Act on EstablishmentAny amount is Due from an employer under the Provisions of this Act

Step 2Central/Regional/Additional/DeputyProvident Fund Commissioner is empowered to determine dispute

Step 3The Officer have power to Pass the Order in accordance with the provisions of this act. It may further Enforce Attendance, Ask for Any Documents, May receive any Affidavit etc.

The Officer had power to Pass any Order Ex-Parte if the employer does not produce any documents or does not attend any Hearing…..

Once EX-Parte Order is passed , employer can request for fresh hearing (within 3 months of Order Passed) only if satisfy that there were sufficient reasons which prevented him to attend the hearing or produce the documents AND he has not file any appeal against the Ex-Parte Order. 13

Page 14: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

© 2013 Gurukul CA/CS ClassesCONFIDENTIAL: This document is for our company's internal use only and may not be copied nor distributed to another third party.

Review of order passed u/s 7A (Sec 7B)Review of order passed u/s 7A (Sec 7B)Sec 7B gives the Power to any person for Review of the Order passed u/s 7AAny Person aggrieved by the Decision can make an Application ORAuthority by himself can Review its ORDER.(However no application is entertained if any appeal is filled against the Order) Application should be made within 45 days of Order passed

Application can be made in following cases-1- Where some new EVIIDENCES are discovered which were not available at the time of ORDER.2- Mistake is observed which is apparent from the records.3- Kuch nhi toh ….Simple sa answer…..Any other Sufficient Reason…..

Officer will have two choice only either Grant the Review OR Reject the Application for Review.

If Review Order is not Favourable, then Fresh appeal can be Filled.

No Remedy, nothing can happen now, Appeal further

is not tenable. 14

Page 15: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

© 2013 Gurukul CA/CS ClassesCONFIDENTIAL: This document is for our company's internal use only and may not be copied nor distributed to another third party.

ESCAPED AMOUNT (SEC 7C)ESCAPED AMOUNT (SEC 7C)Condition

1

The Officer is Empowered to Re-Determine the amount due from Employer Employer either INTENTIONALLY or not disclosed all material fact for determination of amount payable.

Condition 2

This can be Exercised only if Initial Determination was made u/s 7A or 7B. In simple terms agar determination sec 7a or 7b nhi hua toh no further action can be taken.

Condition 3

Redetermination can be made within 5 years from the date of order u/s 7A or 7B

Condition 4

Before taking any Action Show Cause Notice should be given to EMPOYER

Once all the proceedings is done and all the conditions are satisfied, Officer will calculate the Escaped amount and the same will be payable by the EMPLOYER.

Money Escaped may be 1) amount due as contribution, 2) Administrative echarges, 3) Amount to be transeferd u/s 15 & 17 and 4) Any other charges.

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Page 16: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

© 2013 Gurukul CA/CS ClassesCONFIDENTIAL: This document is for our company's internal use only and may not be copied nor distributed to another third party.

Employees Provident Fund Appellate Employees Provident Fund Appellate TribunalTribunalAppeal against any order passed under this Act can be made to TRIBUNAL.

Deposit 75% of the amount Demanded if appeal made by Employer (Unless waived by tribunal)

Either Confirm . Modify or set aside order OR Ask the Authority (who

original passed the order) to issue fresh decision

However Tribunal can Rectify its Own Orders if-1-Mistake is apparent from the records

2- Five (5) years has not been elapsed from date of Order

3- SCN is given to employer if it may result in increase its liabilty

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However No Appeal, if Application for review of order u/s 7B is REJECTED

Page 17: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

© 2013 Gurukul CA/CS ClassesCONFIDENTIAL: This document is for our company's internal use only and may not be copied nor distributed to another third party.

Employees Provident Fund Appellate Employees Provident Fund Appellate TribunalTribunalThe Tribunal Consists of Only One Person which is Appointed by CG.. (One Man Army)

The person so appointed should be Qualified to be a JUDGE of High court or District Court.

Once Appointed, the Presiding Officer will enjoy the term of 5 years or till the age of 62 years which ever is earlier unless

He resigns by Himself- He will continue to hold office Until he gets the Order from CG to Vacate the Office OR1- till the expiry of 3 months from date of Notice.2- His Successor Steps in3- Remaining period of his Appointment .Whichever is earlier.

He is Removed- by President on grounds or Proved Misbehaviour or Incapacity provided he has being given opportunity of Being Heard.

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Page 18: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

Interest Payable By the Employer sec 7QInterest Payable By the Employer sec 7QInterest will be paid by Employer if there is any delay in Payment of amount Due from the date on which Amount was due to the date on which Payment was made.

Rate of Interest will be 12% or Higher rate (However ROI cannot be more than the Lending Rate of any scheduled Bank.)

Authorized Officer Issue

Recovery Certificate

Recovery Officer will be of the Area where-1- Business is Established by Employer2- Employer Resides.3- Property Of Employer is situated

Attachment and Sale of-A- Property of Establishment-B- Property of Employer

Arrest the Employer

Appoint Receiver to manage The Property of

Establishment

Recovery Of Amount Due From Employer Sec 8B

AO can also put stay on Recovery Proceedings even though the Certificate for Recovery is issued, also Personal Property of Employer will be attached only if the Establishment property is not sufficient to pay the Amount due. 18

Page 19: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

© 2013 Gurukul CA/CS ClassesCONFIDENTIAL: This document is for our company's internal use only and may not be copied nor distributed to another third party.

Transfer of PF Accounts from one Estb to Another Transfer of PF Accounts from one Estb to Another (sec 17)(sec 17)

New Estb not covered under

PF Act

Old Estb not Covered under

PF Act

If any employee Leaves an Establishment which is covered under PF Act joins any Organisation which is not Covered under PF Act BUTHaving its own PF fund AND rules of such PF scheme allows such Transfer.

THENAt the Request of the Employee AND within the Time line Prescribed by CGThe Pf account is transferred from One Establishment to Another.

If any employee Leaves an Establishment which is Not covered under PF Act BUT Having its own PF fund AND rules of such PF scheme allows such Transfer AND joins any Organisation which is Covered under PF Act THENAt the Request of the Employee within the Time line Prescribed by CGThe Pf account is transferred from One Establishment to Another.

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Rules of Establishment which is not covered under PF should allow such transfer

Page 20: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

Sec17B states where one establishment transfers its business to another establishment

By way of sale,gift or lease

Then the transferor and the transferee are jointly and severally liable for the contribution

However,the transferee is jointly liable only to the extent of assets acqired from the transferor

20© 2013 Gurukul CA/CS ClassesCONFIDENTIAL: This document is for our company's internal use only and may not be copied nor distributed to another third party.

Page 21: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

© 2013 Gurukul CA/CS ClassesCONFIDENTIAL: This document is for our company's internal use only and may not be copied nor distributed to another third party.

Provident Fund Amount whether can be Attched Provident Fund Amount whether can be Attched for Execution of Decree or by order of any Court for Execution of Decree or by order of any Court Sec 10 **IMPTSec 10 **IMPTThe Amount standing Credit to the PF account of a Member cannot be 1- Asigned or Charged.2- Liable to Attach under any decree or Order of the Court in respect or Debt /Liablity Incurred by the Member.3- Shall not be claimed by Official Assignee under Presidency town Insolvency Act.4- Claimed by Receiver under Presidency Town Insolvency Act 5- Will be free from Debt or any other Liability in the hands of Nominee ( in case Member pass Away)Further this debt will be paid in Priority to any Other DEBT.

If an Employer transfers his Establishment by any mode to other Establishment then BOTH the Establishment will be Severally & jointly Liable for the contribution and the Sum upto the date of Transfer of Establishment.The Transferor Responsibility is up to the date of Transfer and the Second Party Responsibility is upto the Amount of Assets Transferred by the First Party.

Transfer of Establishment

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Page 22: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

Any balance in the PF Account with the

employer will not be liable for any

attachment under the order of the court

Sec10 is applicable even if any balance is payable to the

legal heirs of the deceased employee

The official assignee will not have any claim over this amount

22© 2013 Gurukul CA/CS ClassesCONFIDENTIAL: This document is for our company's internal use only and may not be copied nor distributed to another third party.

(Nomination and Appropriate Government same as Gratuity)

Page 23: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

Inspector Sec 13(2) (same for Bonus & Grtauity)Inspector Sec 13(2) (same for Bonus & Grtauity)AG is Empowered to appoint the Inspector for PF & Miscellaneous Act by Notification in the Official Gazette.He may-1- Can Inspect & Make copy of any books & Records,2- To take Extract from any books, register maintained by the Estb.3- Visit the Factory Premises during Working Time.4- TO call upon Records which are Necessary for Investigation.5- If Required can Seize the Records, books etc.6- To examine the employer, his servants and agents,7- to exercise such other powers as prescribed under this scheme.

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Amendment Dated 22-Augut-20141.The statutory wage ceiling under the EPF, EPS and EDLI has been increased from INR 6,500 to INR 15,000 per month.2.For the financial year 2014-15, the minimum pension is fixed at INR 1,000/ month for the members of the EPS or their nominee/ widow, etc3.Effective 1st September 2014, all new EPF members shall not become a member of EPS, if their pay is more than INR 15,000/ month at the time of joining. In other words, no allocation towards pension fund will be made for such new members and the entire employee and employer contribution will go to the provident fund account;4. The insurance benefit under the EDLI scheme has been increased by 20% in addition to the existing admissible benefits.

Page 24: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

The scheme is framed by the CG in the Official Gazette

The scheme provides for Pension benefits

Once the scheme is framed,a Pension Fund is set up

The fund =administered by The Central Board Of Trustees

The employer contributes 8.33%(BW+DA+RA) Employee Nill.

This scheme provides for all matters specified in Schedule Three of the Act

The purpose of the scheme is to provide for (1) superannuation pension, retiring pension or permanent total disablement pension to employees covered by the Employees’ Provident Funds and Miscellaneous Provisions Act, and (2) widow or widower’s pension, children pension or orphan pension payable to the beneficiaries of such employees.

24© 2013 Gurukul CA/CS ClassesCONFIDENTIAL: This document is for our company's internal use only and may not be copied nor distributed to another third party.

For the financial year 2014-15, the minimum pension is fixed at INR 1,000/ month for the members of the EPS or their nominee/ widow, etc

Page 25: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

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The Pension Scheme may provide for all or any of the matters specified in schedule III. The matters specified in schedule III are as follows:The employees or class of employees who are not members of the pension scheme shall opt for the pension scheme.The time with in which the employees who are not members of the Pension Scheme shall opt for the Pension Scheme.The portion of employer’s contribution to the Provident Fund which shall be credited to the Pension Fund and the manner in which it is credited.The minimum qualifying service for being eligible for pension and the manner in which the employees may be granted the benefits of their past service.The regulation of the manner in which and the period of service for which no contribution is received.The manner in which employees’ interest will be protected against default in payment of contribution by the employer.The manner in which the account of the Pension Fund shall be kept and investment of money belonging to pension fund to be made subject to such pattern of investment as may be determined by C.G.The Form in which the employees shall furnish particulars about himeself and the family members. The scale of Pension and Pensionary Benfefits. The manner in which the exempted establishment have to pay contribution towards Pension Scheme. Any other matter which is to be provided in Pension Scheme.

Page 26: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

This scheme provides for all the matters specified in Schedule Four of the Act

The employer contributes 1.0%(BW+DA+RA). 1% is maximum, beside this it need to pay adminstrative charges also. (0.01%)

Once the scheme is framed,it is administered by The Central Board Of Trustees

This scheme provides for life insurance benefits

The scheme is framed by the CG in the OG

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Page 27: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

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Under the scheme a Deposit Linked Insurance Fund is set up. Employer is required to pay contribution which cannot be more than 1% of 'pay' of employee .[Section 6C(2)]. Employer is also required to pay administration charges for the Insurance Scheme [Section 6C(4)(a)].

The Insurance Fund will vest in Central Board of Trustees and will be administered by Central Board as per Insurance Scheme [Section 6C(5)]. The Insurance Scheme can provide for all matters specified in Schedule IV.

Schedule IV of the Act provides that Insurance Scheme can provide for (a)Employees to whom it will apply (b) Manner in which accounts will be kept and investment of moneys made as per pattern determined by Central Government (c) Procedures like forms, registers, records and returns (d) Nomination to receive insurance amount(e) Scale of insurance benefits and conditions for grant of benefit(f) Mode of payment of amount due to members of family of employees (g) Any other matter necessary for proper administration and implementation of Scheme. 

EDLI ContinuedEDLI Continued

© 2013 Gurukul CA/CS ClassesCONFIDENTIAL: This document is for our company's internal use only and may not be copied nor distributed to another third party.

Page 28: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

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As per the Notification No. G.S.R.9(E),dated 8th January ,2011 ,the Central Government revised the benefits provided to the employees under the Employees' Deposit Linked Insurance(Amendment) Scheme,2010. Under the revised scheme, the benefit provided in case of death of an employee who was member of the Fund or of a Provident fund exempted under Section 17 of the Act at the time of the death, their family will get 20 times of the average wages of the last 12 months of the member.  Linked Insurance(Amendment)Scheme, 2010 has been enhanced. According to which maximum benefits under the scheme will now be r s 1,30,000,- as the wage ceiling uptowhich contribution can be paid under the scheme is Rs. 6500. This amendment has changed the methodology of computation by introducing a new and additional method for computation of benefit that has to be paid to the nominee of the deceased along with existing method of computation i.e., as per the EDLI(Amendment) Scheme,2010,which ever is higher.

EDLI scheme 2010- the EDLI amount is equal to the average balance of incumbent's PF in the last 12 months or the overall balance, whichever is less. But if the balance exceeds rs 50,000, the incumbent's nominee will get Rs 50,000 plus 40% of the excess balance up to a total of r 1lakh. That mean in Previous Scheme maximum amount tat can be paid up was restricted to 1 Lkhs which is enhanced to Rs. 1.30 lakhs n revised scheme.

EDLI Amendment***EDLI Amendment***

Page 29: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

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Mode of recovery of money due from employers (Section 8) : Any amount due from such employer as is specified in Section 8 may, if the amount is in arrear, be recovered in the manner specified in Sections 8B to 8G. For order of demand under Section 8, it is necessary that there should be a determination of the amount due, if the liability is disputedAmount due can be-(i) Any amount due in respect of any contribution payable to the EPF/the Insurance fund.(ii) Amount due in relation to damages recoverable under section 14 B, (iii) Amount due in relation to accumulations required to be transferred under section 15(2) / 17(5), (iv) Amount due in relation to any charges payable under any other provisions of the Act or Scheme.Where any amount is in arrear under Section 8, the authorised officer may issue to the Recovery Officer, a certificate under his signature specifying the amount of arrears and the Recovery Officer on receipt of such certificate, shall proceed to recover the amount specified therein from the establishment or as the case may be, the employer by one or more of the modes mentioned below :(a) attachment and sale of the movable or immovable property of the establishment or, as the case may be, the employer;(b) arrest of the employer and his detention in prison; (c) appointing a receiver for the management of the movable or immovable properties of the(Moti Moti baat amount due hai toh dena padega…Recovery officer ko certificate mil gaye oh employer ki band baj jayegi)

Page 30: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

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♦ The authorised officer may grant time for the payment of the amount and thereupon the Recovery Officer shall stay the proceeding until the expiry of the time so granted. ♦ The other modes of recovery: The Central PF Commissioner /any other officer authorized by the Central Board may recover by any one or more of the following modes- Recovery from the person who owes money to the employer, Recovery by application to court having custody of the money of the employerSale of movable property.

If the offence under the Act is committed by a company, then the liability for the offence lies both on the company and on the person in charge of or responsible to the company at the time when the offence was committed. The company and the person as such would be jointly and severally responsible.

False Statement/ Misstatement 1 year Imprisonment or Rs 5000/- or both

Payment of Administrative Charge 3 Years Imprisonment or Rs. 10000/- or Both

Default towards Pension / Insurance Scheme

1 year Imprisonment or Rs 4000/- or both

Default for not complying the conditions of Exemption u/s 17

6 months Imprisonment or Rs. 5000/- or Both

Offences & PenalitiesIn case of Offence by Employer-

Page 31: THE PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT

Employer contribution of 12% of the salary of employees is to be paid as under • 3.67% to be remitted in Account No.1 ( Employees Account)• 8.33% to be remitted in Account No.10 towards pension fund

In addition to 12% of the employer has to remit 1.61% paid as under• 1.10% Administrative charges in Account No.2• 0.5% EDLI in Account No.21• 0.01% Inspection charges in Account No.22Employee no need to contribute in excess of % Determined 31

Matters for which provision may be made in a PF Scheme (Just for Knowledge) Contd-

Enhanced punishment in certain cases after previous conviction (Section 14AA): This Section deals with imposition of enhanced penalty, after the previous conviction. The conditions are: (a) that there should have been a conviction of offence punishable under this Act or the Scheme of the Pension Scheme, or the Insurance Scheme; (b) that the person convicted must be found guilty of an offence involving the commission of the same offence. The punishment for the conviction of the subsequent offence is imprisonment which should not be less than 2 years but can go up to five years. Further, there must be an additional imposition of the fine extending to ` 25,000. (Agar ek baar mai nhi sudhre toh doosri baar mai lamba nuksan hoga)Certain offences to be cognizable (Section 14AB): This Section renders the offences relating to default in payment of contribution by the employer a cognizable offence. A cognizable offence is one where the police can arrest a person without warrant.

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Q1- Mr Mohit is an employee in a Company. The following payments were made to him during the previous year: (i) Piece rate wages (ii) Productivity bonus (iii) Additional dearness allowance (iv) Value of Puja gift.(v) Overtime Allowance(vi) Commission paid on sales (vii) uniform Allowance(Viii) Travelling Allowance Examine as to which of the above payments form part of "Basic Wage'" of Mohit under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

Q2- Write a note on the composition and functions of Central Board of Trustees and Executive Committee under the EPF &MP Act, 1952.

Q3- While an employee may increase his contribution to Provident Fund, is an employer also liable to proportionately increase his contribution to the above under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952? Explain

Q4- Explain the provisions of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 with regard to determination of 'Escaped Amount' after an officer has passed an order concerning 'Determination of Amount' due from an Employer under the Act.© 2013 Gurukul CA/CS Classes

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