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| Brief | FAQs |           THE EMPLOYEES' PROVIDENT FUND AND MP ACT, 1952


 

Which establishment are covered by the Act?: The Act is applicable to:

  1. every factory engaged in any industry specified in Schedule I to the Act and employing 20 or more persons;

  2. every other establishment employing 20 or more persons specified by the Central Government in this behalf.

Any 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 20. {Section 1(3) & (5)}

 

Would the Act continue to apply to an establishment which has closed its manufacturing activities and does not employ a single employee?: Where there is neither an establishment nor an employer nor an employee, there is no point in saying that the Act would continue to apply. In such circumstances any continued application of the Act would be in vacuum.

 

Is the Act applicable to a factory which is closed down but is employing a few employees to look after the assets of the establishment?: Where a factory is closed down for good and only four security men are retained for keeping a watch over the assets and properties of the establishment, the Act would not continue to be applicable to the factory.

 

Is the Act applicable to charitable institutions?: The plea that an establishment is a charitable institution is not relevant to the determination of the question of the applicability of the Act.

 

Are "home workers" in the beedi industry entitled to the benefit of the Act?: The workers employed at their homes in the manufacture of beedis are also entitled to the benefit of the Act and the Schemes framed thereunder.

 

Is a trainee an "employee" under the Act?: The provisions of Section 2(f)(ii) of the Act and Para 2(f)(iv) of the Scheme framed under the Act are to be kept in mind while considering if a trainee is an employee or not. These provisions show that a trainee who is an apprentice engaged under the Apprentices Act, 1961 or who is an apprentice according to the certified standing orders applicable to the establishment is excluded from the definition of an employee under the Act.

 

Is a partner of a firm an employee under the Act?: For the purpose of the Employees Provident Funds Act a partner of a partnership firm cannot be said to be an employee of the firm having regard to the provisions of the Indian Partnership Act. A person cannot be both an employer and employee.

 

Does the Act apply to a poly clinic?: A poly clinic is covered by the entry in respect of "establishments of hospital" as well as the entry in respect of "establishment of Medical Practitioners and Specialists" and therefore the Act applies to a poly clinic. The object (of the two entries) is to bring all medical establishments employing 20 or more persons under the purview of the Act.

 

Can the Act be extended to other factories or establishments?: The Central Government has been given wide powers to extend the application of the Act. It can apply the provisions of the Act-

  1. to any factory or establishment even if such factory or establishment is employing less than 20 persons; {Section 1(3)(b) Proviso}

  2. to any factory or establishment whatsoever if the employer and the majority of the employees of such factory or establishment have agreed that the provision of the Act should be made applicable to it on and from the date of such agreement or from any subsequent date specified in such agreement; {Section 1(4)}

  3. to any factory employing 20 or more persons but not engaged in any industry specified in Schedule I to the Act. {Section 4}

  4. where, immediately before the Act becomes applicable to any establishment there is a provident fund which is common to the employees in that establishment and employees in any other establishment, to such other establishment. {Section 3}

Is is permissible to exempt any establishment from the operation of the Act because of their financial position?: The Act permits the Central Government, subject to specified conditions, to exempt any class of establishments from the operation of the Act, if having regard to their financial position or other circumstances of the case, it is necessary or expedient to do so. {Section 16(2)}

 

Are there any establishments to which the Act is not applicable at all?: The Act is not applicable -

  1. to any factory or other establishment registered under any Central or State law relating to co-operative societies, employing less than 50 persons and working without the aid of power;

  2. to any establishment belonging to the Central Government or a State Government and having a scheme of contributory provident fund or old age pension;

  3. to any establishment set up under any Central or State Act and having a scheme of contributory provident fund or old age pension; {Section 16(1) and (c)}

Are the orders issued by the Central Government or the orders passed by the Central Provident Fund Commissioner appealable?: An appeal lies to the Provident Funds Appellate Tribunal-

  1. against any order passed under the proviso to subsection (3) of section 1, applying the provisions of the Act to any establishment employing less than twenty persons;

  2. against any orders passed under subsection (4) or section 1, applying the provisions of the Act to any establishment on the application of the employer and employees;

  3. against any notification of the Central Government under section 3, applying the provisions of the Act to any establishment having a common provident fund with another fund with another establishment to which the Act is applicable;

  4. against any order passed under subsection (1) of section 7A, deciding any dispute regarding the applicability of the Act to any establishment and determining the amount due from any employer under the Act or any Scheme framed under the Act;

  5. against any order passed under section 7B reviewing his own order;

  6. against any order passed under section 7C, re-opening any case and redetermining the amount due from any employer;

  7. against any order under section 14B, levying for de-fault any damages upon any employer by way of penalty.

Is a Writ Petition against an order under Section 7A of the Act maintainable?: Under Section 7-I of the Act an appeal against such order lies to E.P.F. Appellate Tribunal and as such a Writ Petition against such order is not maintainable.

 

Who is the authority to decide disputes regarding the applicability of the Act to an establishment or as to the quantum of the moneys due from any employer?: If any dispute arises regarding the applicability of the Act to an establishment or as to the amount of moneys due from any employer under the Act or any Scheme, the Central Provident Fund Commissioner, any Additional Central Provident Fund Commissioner, any Deputy Provident Fund Commissioner, any Regional Provident Fund Commissioner, or any Assistant Provident Fund Commissioner may decide the same by holding an enquiry. {Section 7(A)}

 

In what manner can the employer recover the moneys paid by him for or on behalf of a contractor?: If the employer pays any contribution or administrative charges for or on behalf of a contractor, he can recover the same from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor. The contractor can, then recover the employee's contribution from the wages of the employee. {Section 8(A)}

 

What are the various modes in which the Central Regional Provident Fund Commissioner can recover arrears of any amount due from any employer under section 8 of the Act?: The Central Regional Provident Fund Commissioner can recover such arrears-

  1. by issuing a certificate to the Recovery Officer to recover the arrears from the employer by one or more of the modes mentioned in section 8-B;

  2. by requiring any person from whom any money is due to the employer to deduct the amount of arrears from such money and pay the same to him, i.e., the Central Regional Provident Fund Commissioner;

  3. by issuing a notice to any person from whom any money is due to the employer, requiring to pay the amount of arrears to him, i.e., the Central Regional Provident Fund Commissioner;

  4. by applying to the Court, in whose custody there is any money belonging to the employer, for payment of the amount of arrears from such money to him, i.e., the Central Regional Provident Fund Commissioner;

  5. by distraint and sale of the moveable property of the employer in the manner laid down in the Third Schedule to the Income Tax Act, 1961. {Subsection 8(B) to 8(G)}

Can Recovery Officer impose interest on the amount mentioned in the Recovery Certificate?: The position of a Recovery Officer in exactly that of an executing court. He can recover only the amount specified in the certificate. If the certificate does not include any interest, it is beyond the competence of the Recovery Officer to demand such amount.

 

Can the amount standing to the credit of any member in the Fund be assigned, charged or attached?: The amount standing to the credit of a member in the Fund cannot be assigned, charged or attached under any decree or order of any Court. Similarly, the amount standing to the credit of a member in the Fund at the time of his death is free from any debt or other liability incurred by the member before his death and cannot be attached under any decree or order of any Court. {Section 10}

 

What does it mean when section 10(2) of the Act says that the amount standing to the credit of a member in the Fund at the time of his death and payable to his nominee shall vest in the nominee?: Vesting of the amount in the nominee is for limited purpose of receiving the amount from the employer and handing over the same to the heirs entitled thereto. The nominee is merely authorized to receive the amount for the benefit of heirs of the deceased.

 

Can a nominee of a deceased employee claim an absolute right in respect of the amount of provident fund of the deceased employer?: The nominee cannot claim an absolute right to the amount excluding the right of the heirs. An heir of the deceased employee can always initiate legal proceedings against the nominee for claiming his share in accordance with the law of succession.

 

What are the powers of the Inspectors appointed under the Act?: An Inspector appointed under the Act has power-

  1. to require any employer or contractor to furnish any information required by him;

  2. to enter and search any establishment or premises and require any one found in charge thereof to produce any accounts, books, registers and other documents relating to employment or wages for his examination;

  3. examine any employer or his agent, servant or employee found in such establishment or premises;

  4. make copies of any book, register or other document or seize such books, register or other document. {Section 13}

If any establishment has departments or branches, are these departments or branches, to be treated as separate establishments or parts of the same establishments?: Where an establishment consists of different departments or has branches, whether situate in the same place or in different places, all such departments or branches shall be treated as parts of the same establishment. {Section 2(A)}

 

What happens to a private provident fund of an establishment when that establishment is covered under the statutory Provident Fund Scheme?: On the application of the statutory Provident Fund Scheme to an establishment, the accumulations in the private provident fund in that establishment standing to the credit of the employees who become members of the statutory Provident Fund must be transferred to the statutory Provident Fund. The accumulations will be credited to the accounts of the employees entitled thereto in the statutory Provident Fund. {Section 15}

 

What are the offences under the Act what is the punishment for them?:

  1. If any person, for the purpose of avoiding any payment to be made under the Act or the Schemes, knowingly makes any false statement or false representation, he would be punished with imprisonment upto one year, or with fine upto Rs. 5000.00 or with both.

  2. If any employer makes default in payment of the employer's contribution or the employee's contribution payable under the Employees' Provident Funds Scheme or paragraph 38 of the said scheme relating to the payment of administrative charges, or under section 17(3)(a) of the Act relating to the payment of inspection charges, he would be punished with imprisonment upto three years but it shall not be less than one year and a fine of Rs. 10000.00 in case of default in payment of the employee's contribution which has been deducted by the employer from the employees' wages and six months and a fine of a Rs. 5000.00 in any other case.

  3. If any employer makes default in payment of the employer's contribution or the administrative charges payable under the Deposit Linked Insurance Scheme under section 6-C or contravenes the provisions of section 17(3)(a) relating to the payment of inspection charges, he would be punished with imprisonment upto 1 year, but which shall not be less than 6 months, plus fine upto Rs. 5000.00

  4. If any person contravenes or makes default in complying with any other provision of the Act or any condition for exemption from any scheme, he would be punished with imprisonment upto six months but which shall not be less than 1 month and with fine upto Rs. 5000.00 or with both.

  5. If any person convicted of an offence under the Act or the Schemes commits it again, he would be punished with imprisonment upto five years but which shall not be less than two years, plus fine upto Rs. 25000.00 {Section 14 & 14(AA)}

Is there any period of limitation for exercising the powers of levying damages under section 14-B of the Act?: No period of limitation is prescribed in the Act for exercising the power of levying damages under section 14-B of the Act.

 

Are there any guidelines for quantifying damages Leviable under section 14-B of the Act for making default in payment of contribution?: In 1991, the Central Government, by inserting Para 32-A in the Employees' Provident Funds Scheme, has laid down different rates of damages depending upon the period of default. Courts have held that it is not just and fair to levy damages at a flat rate for different periods of default.

 

Is any damage leviable on the employer delaying any payment due from him under the Act or the Schemes?: If any employer makes default-

  1. in the payment of any contribution to any Fund;

  2. in the transfer of accumulations as required under Section 15(2) or Section 17(5);

  3. in the payment of any charges payable under the Act or Schemes the Central/Regional Provident Fund Commissioner can levy and recover from the employer by way of penalty such damages not exceeding the amount of arrears, as may be specified in the scheme. The Central Board may reduce or waive the damages levied by the Commissioner in certain case. {Section 14(B)}

Could the employer be punished under section 14-B in case the remittance of contribution by him is delayed in a bank of post office?: If the remittance of contribution to Provident Fund is delayed on account of the delay  in a Bank or post office, the employer cannot be penalized for it under section 14-B.

 

Is the employer liable to pay the contribution when he is not in a position to pay wages to the employees?: The employer is liable to pay the employer's contribution as  well as the employee's contribution irrespective of the fact that wages have been paid to the employees or not.

 

Is there any offence under the Act which is cognizable?: The offence relating to default in payment of any contribution especially the employee's share deduct from the wages of the employees by the employer is cognizable. That means a person committing such offence can be arrested by the police without warrant. {Section 14(AB)}

 

Is it permissible under the Act to exempt any establishment from the operation of any Scheme?: The Act permits the Central Government or the State Government, subject to specified conditions, to exempt any establishment from the operation of all or any of the provisions of any Scheme if the Government thinks it fit to do so having regard to the adequacy of the benefits similar to those of the Schemes available to the employees of such establishment. {Section 17(1)}

 

Are exempted establishment exempted from the provision of the Act?: The provisions of sections 6, 7-A, 8 and 14-B shall, so far as may be, apply to the employer of the exempted establishment and where such employer contravenes, or makes default in complying with any of the said provisions or any other provision of the Act, he shall be punishable under section 14 as if the said establishment had not been exempted. {Section 17(1A)}

 

Are any employer allowed to maintain a Provident Fund account in relation to their establishments?: The Central Government is empowered to authorize any employer of an establishment employing one hundred or more persons to maintain a Provident Fund account in relation to the establishment so as to ensure prompt service to the members of the Fund. {Section 16(A)}

 

THE EMPLOYEES' PROVIDENT FUNDS SCHEME, 1952

 

What is the purpose of the Employees' Provident Funds Scheme, 1952, and to whom is it applicable?: The purpose of the scheme is to establish provident funds for the employees covered by the Employees' Provident Funds Act, 1952. As such, the scheme is applicable to the employees of all factories and other establishments covered by the said Act except those exempted under section 17 thereof. {Section 5 & Para 1}

 

Since when the scheme is made applicable to the said factories and other establishments?: The scheme is made applicable to different factories and different establishments from different dates as specified in paragraph 1 of the scheme. {Para 1}

 

Who is eligible to become a member of the Fund?: Every employee employed in or in connection with the work of a factory or other establishment covered by the scheme other than an excluded employee is entitled and required to become a member of the Fund from the date of joining the factory or establishment. An excluded employee 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. {Para 26}

 

Are the persons employed by or through a contractor covered under the Scheme?: The persons employed by or through a contractor are included in the definition of "employee" under the Employees' Provident Funds Act, 1952, and as such, they are covered under the Scheme. {Para 30}

 

What is meant by "excluded employee"?: "Excluded employee" means-

  1. an employee who, having been a member of the Fund, has withdrawn the full amount of his contribution in the Fund (a) on retirement from service after attaining the age of 55 years of (b) before migration from India for permanent settlement abroad; or for taking employment abroad;

  2. an employee whose pay at the time he is otherwise entitled to become a member of the Fund, exceeds Rs. 6500.00 per month;

  3. a person who, according to the Certified Standing Orders, is an apprentice, or who is declared to be an apprentice by the authority specified in this behalf by the appropriate Government. {Para 2(f)}

What is the contribution payable by the employer and the employee under the Scheme?: The contribution payable by the employer under the Scheme is 12 percent of the wages of an employee. The contribution payable by the employee under the Scheme is equal to the contribution payable by the employer in respect of such employee. {Section 6 & Para 29}

 

Have the employee and the employer to pay contribution on the entire pay of the employee?: Where the monthly pay of an employee exceeds six thousand five hundred 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 six thousand five hundred rupees. {Para 26-A }

 

On what pay/allowances the P. F. Contributions is to be deducted?: The P. F. Contribution is to be deducted -

  1. On basic wages

  2. dearness allowance and the retaining allowance if any.  {Section 6}

Is it necessary to deduct provident fund contribution from arrears of wages paid to an employee as a result of an award revising his scale of pay?: Arrears are emoluments earned by the employee while on duty and provident fund contributions have to be deducted from such wages.

 

Is it permissible for any member to contribute at a rate higher than the rate or 12 percent?: A member, if he so desires, may contribute an amount exceeding 12 percent as the case may be but the employer shall not be under an obligation to pay contribution over and above his contribution payable under the Act. {Para 29}

 

Is any interest payable on the Provident Fund accumulations of a member?: Compound interest, at a rate determined by the Central Government from time to time, is paid on the amount standing to the credit of a member as on 1st day of April every year. {Para 60}

 

Is the employer required to pay administrative charges under the scheme?: The employer is required to pay administrative charges at the rate of 1.10 percent of the pay payable to the employees in respect of which provident fund contributions are payable. {Para 38 & 39}

 

What is the provision of the Scheme in the matter of transfer of members?: if a member of the Fund goes from one establishment to another or from one region to another, the balance of his Provident Fund is transferred form the old account to a new account in the new establishment. {Section 17 & Para 57}

 

If an employee has a "family", can he make nomination in favour of brother?: No nomination can be made under the E. F. P. Scheme in favour of a person who is not a member of the "family". The word "family" is defined in Para 2(g) of the Scheme and according to the definition brother is not a member of the "family". The nomination made in favour of brother is invalid.

 

What is the provision of the Scheme in the matter of nomination by a member?: Each member has to make a nomination to receive the amount standing to his credit in the Fund in the event of his death. If he has a family, he has to nominate one or more persons belonging to his family and none other. If he has no family he can nominate any person or persons of his choice but if he subsequently acquires a family, such nomination becomes invalid and he will have to make a fresh nomination of one of more persons belonging to his family. A nomination can be modified by the member at any time. {Para 61}

 

What are the benefits provided under the Scheme?: The following three kinds of benefits are provided under the scheme: (1) Withdrawal benefit, (2) Benefit of non-refundable advances, (3) Benefit of financing of Life Insurance Policies.

  1. Withdrawal Benefit

    1. A member can withdraw the full amount standing to his credit in the Fund in the following circumstances immediately

      1. Retirement after attaining the age of 55 years,

      2. retirement due to incapacity for work,

      3. migration for permanent settlement abroad,

      4. mass retrenchment,

      5. voluntary retirement,

      6. closer of establishment,

      7. transfer to an establishment not covered under the Act,

      8. discharge with payment of retrenchment compensation, etc {Para 69}

    2. In all the order cases of leaving services he can withdraw the full amount if he remains unemployed after the waiting period of two months unemployment.

  2. Benefit of Non-refundable Advances: Non-refundable advances from the amount standing to the credit of a member in the Fund can be sanctioned for the following purposes:

    1. purchase of a house, {Para 68B}

    2. repayment of a loan, for housing, {Para 68BB}

    3. unemployment due to lock-out or temporary closure, {Para 68H}

    4. unemployment due to illness, {Para 68J}

    5. marriage of a self of of daughter, son, sister or brother, {Para 68K}

    6. education of son or daughter, {Para 68K}

    7. exceptional calamity, etc. {Para 68L}

    8. withdrawal for investment in Varishta Pension Bima Yojana. {Para 68NNN}

  3. Benefit of financing of Life Insurance Policies: This benefit can be available as specified in Paragraphs 62 to 67. {Para 62 to 67}

Is there any limit prescribed for getting the benefits?: The scheme provides for payment of benefit by the Commissioner within 30 days from the date of receipt of claim application {Para 72(7)}

 

Who is entitled to receive the accumulations in the Provident Fund account of a deceased member?: On the death of a member the amount standing to his credit in the Fund is payable to his nominee or nominees. If there is no nominee, such amount is payable to his family members in the manner specified in Paragraph 70 of the Scheme or in their absence to the legal heir. {Para 70}

 

How does a member know the position of his Provident Fund account?: Every year the Commissioner for Employees' Provident Fund sends to each member, through the employer, a statement of his account in the Fund showing the opening balance, the amount contributed during the year, withdrawal during the year, the amount of interest and the closing balance. If the member finds any error in the statement, he has to bring it to the notice of the Commissioner within 6 months from the receipt of the statement. {Para 73}

 

What are the offences under the Scheme and what is the punishment for them?: If any person-

  1. deducts from the wages of a member the whole or any part of the employer's contribution;

  2. fails to submit any return, statement or other document required by the Scheme or submits a false return, statement or other document or makes a false declaration;

  3. obstructs any inspector appointed under the Act or the Scheme in the discharge of his duties or fails to produce any record for his inspection;

  4. is guilty of contravention of or non-compliance with any other requirement of the Scheme; he would be punished with imprisonment upto 1 year, or fine upto Rs. 4000.00 or with both. {Section 14(2) & Para 76}

Is failure to submit return continuing offence?: The offence of failure to pay contributions amounts to continuing offence. In all other cases the offence is one committed once and for all. Failure to submit return is not continuing offence.

 

THE EMPLOYEES' PENSION SCHEME, 1995

 

What is the purpose of the Employees' Pension Scheme?: 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 Act, and (2) widow or widower's pension, children pension or orphan pension payable to the beneficiaries of such employees. {Section 6-A(1)}

 

Since when the Scheme has come into force?: By an ordinance No. 13 dated 11-Oct-1995 the President has substituted the "Employees' Pension Scheme 1995" for the "Employees' Family Pension Scheme, 1971." The Employees' Pension Scheme is brought into force from 16-Nov-1995.

 

How are the benefits of the Scheme going to be met?: To meet the expenses for administering the Scheme a fund called the Employees' Pension Fund will be set up and from and out of the contribution payable by the employer under section 6 of the Act a part of contribution representing 8.33 percent will be credited to the Fund. The Central Government will also contribute to the Fund at the rate of 1.16 percent of the pay of the members of the Scheme. It is to be noted that where the pay of the member exceeds Rs. 6500.00 per month, the contribution payable by the employer and the Central Government will be limited to the amount payable on his pay of Rs. 6500.00 only. {Section 6-A & Para 3}

 

It is also to be noted that if at the option of the employer and employee, contribution paid on salary exceeding Rs. 6500.00 per month from the date of commencement of this Scheme or from the date salary exceed 6500.00 whichever is later, and 8.33 percent share of the employers thereof is remitted into the Pension Fund, pensionable salary shall be based on such higher salary.

 

To whom the Scheme will apply?: The Scheme will apply to:

  1. Employees who have been members of the Employees' Family Pension Scheme 1971;

  2. Employees who on or later 16-Nov-1995 become members of the Employees' Provident Fund Scheme, 1952;

  3. Employees who have been members of the Employees Provident Fund but not being members of the Employees' Family Pension Scheme opt to join the Employees' Pension Scheme within six months from 16-Nov-1995. {Para 6}

How the Pension is worked out?:

  1. Before going into the method of calculation of Pension it is necessary to know a few terminologies.

    1. Pensionable Service: The period for which the Pension contributions i.e. 8-1/3% as employer's share are paid to the Employees' Pension Scheme from 16-Nov-1995.

    2. Pensionable Salary: The average salary (Wages + DA / for the last twelve months before the date of exit)

    3. Actual Service: The aggregate of the period of service during which the Pension contribution is paid after 16-Nov-1995

    4. Past Service: The period of service prior to 16-Nov-1995 for which the existing member of Family Pension Scheme had been a member of the Family Pension Scheme.

    5. Eligible Service: Is the total of past service and actual service.

  2. There are three types of pension available to members of the Pension Scheme

    1. Superannuation Pension: if the member has rendered eligible service of 20 years and retires on attaining the age of 58 years.

    2. Retirement Pension: if the member has rendered 20 years of eligible service and retires or otherwise ceases to be in employment before attaining the age of 58 years.

    3. Short Service Pension: If the member has rendered eligible service of 10 years and more but less than 20 years.

  3. For a new entrant ember Superannuation or retirement pension is computed as under:

    Monthly member's Pension

    =

    Pensionable Salary x Pensionable Service

    70

 

The amount of short service pension shall be calculated as if the member has rendered 20 years eligible service. The amount so arrived at shall be reduced at a rate of six percent for every year by which the actual eligible service falls short of 20 years subject to the maximum of 25 percent reduction.

  1. For an employee who is a member of the Family Pension Scheme on 16-Nov-1995 and who has not attained the age of 58 years on 16-Nov-1995, he will get the superannuation/retirement pension as under:

    1. Pension as determined in (C) above or Rs. 635.00 per month whichever is more; and

    2. Past service benefit (for his membership in Family Pension Scheme) as under:

Years of Past Service Salary upto Rs. 2500.00 p.m. Salary more that Rs. 2500.00 p.m.

(i) Upto 11 years

80 85

(ii) 11 years but less than 15 years

95 105

(iii) 15 years but less than 20 years

120 135

(iv) Beyond 20 years

150 170

Subject to the minimum of Rs. 800.00 p.m. for 24 years of pas service. How ever the benefits computed as above will be reduced proportionately if the aggregate service is less than 24 years as under: pension arrived at (a+b) above multiplied by years of aggregate service/24, subject to the minimum of Rs. 450.00 p.m.

  1. A member who is above the age of 48 years but less than 53 years on  16-Nov-1995 will get the pension as determined in (c) above or Rs. 438.00 whichever is more +addition of pension @ Rs. 150.00 per month if he has 24 years of past service subject to the minimum of Rs. 600.00. However the pension will be further reduced if the eligible service is less than 24 years as explained in D above, i.e. subject Pension as per (c)  + Additional pension as per the period of past service multiplied by years of aggregate service/24 subject to the minimum of Rs. 325.00 p.m.

  2. If the member's age is 53 or above on 16-Nov-1995 he will get the aggregate pension as determined in (c) above subject to the minimum of Rs. 335.00 + additional pension of Rs. 150.00 for 24 years past service subject to the minimum of Rs. 500.00 to be proportionately reduced for less than 24 years past service as shown above. {Para 12}

Can a member opt for commutation of pension?: A member may opt, on completion of three years from the commencement of the scheme, to commute upto a maximum of one third of his pension son as to receive hundred times the monthly pension so commuted as commuted value of pension. {Para 12-A}

 

Can a member opt for return of capital?: Option for return of Capital: A member being eligible to receive the pension can opt out for any one of the alternatives given below, if he so desires.

No Alternatives Revised Pension Payable Amount payable as return of Capital
1 Revised pension during life time of member with return of capital on his death. 90% of original monthly pension 100 times the original monthly pension on death of member to the nominee.
2 Revised pension during the life time of member, further reduced pension during life time of the window or her remarriage which ever is earlier and return of capital on window's death/remarriage 90% of original monthly pension to the member. On his death 80% of the original monthly pension to the window 90 times the original monthly pension on death of window/remarriage to the nominee
3 Pension for a fixed period of 20 years notwithstanding whether the member lives for that period or not 87.5% of the original monthly pension for a fixed period of 20 years. The Pension will cease thereafter 100 times the original monthly pension at the end of 20 years from the date of commencement of pension to the member if he is alive, other wise to his nominee

{Para 13}

 

Who is entitled to get permanent total disablement pension?: An employee who meets with an accident during employment and as a result thereof is permanently and totally disabled to do all work which he was capable of performing at the time of the accident is entitled to get permanent total disablement pension for his life time. To be so entitled the employee need not have rendered any pensionable service but he must have made atleast one month's contribution to the Pension Fund. {Para 15}

 

Are the family members of a member entitled to any benefit on the death of the member?: Benefits to the Family - On the death of the member -

  1. Window Pension:

    1. If the member dies while in service and has paid at least one month's contribution to the Pension Fund;

    2. After leaving the service but before attaining the age of 58 years having rendered eligible service to be entitled for receiving pension and till his death he has not claimed reduced pension after the age of 50 years;

    3. After commencement of pension on Superannuation/retirement etc.;

    4. in (i)

  2. In addition to the Window's pension mentioned at (a), two children of the member will get 25% of the Window pension, each till the child attains the age of 25 years.

  3. If the wife of the deceased member has predeceased; the two Orphan children will get 75% of the Window pension, as their parents to not exist {Para 16}

What will be the mode of disbursement of pension?: The disbursement of pension will be arranged with agencies like Post Offices, Nationalized Banks or Treasuries. {Para 33}

 

Is it permissible to exempt any establishment from the operation of the Scheme?: The Scheme permits the appropriate Government to grant exemption to any establishment from its operation if the employees of the establishment are members of any other pension scheme wherein the pensionary benefits are at par or more favourable than the benefits provided under the Scheme. {Para 39}

 

THE EMPLOYEES' DEPOSIT-LINKED INSURANCE SCHEME, 1976

 

What is the purpose of the Employees' Deposit-Linked Insurance Scheme, 1976 and to whom is it applicable?: The purpose of the scheme is to provide life insurance benefits to the employees of the establishments covered by the E. P. F. & M. P. Act, 1952. As such the scheme is applicable to the employees of all factories and other establishments covered by the said Act. {Section 6C & Para 1}

 

Since when the scheme has come into force?: The scheme has come into force from 1-Aug-1976 {Para 1}

 

What is the contribution payable by the employee and the employer under the scheme?: Under the scheme the employee is not required to pay any contribution. The employer is, however, required to pay every month contribution at the rate of 0.5 percent of the total wages of the employees covered by the scheme. In addition to the contribution the employer has to pay administrative charges at the rate of 0.1 percent of the total wages of the employees covered by the scheme. {Section 6(C) & Para 7}

 

Has the employer to pay contribution on the entire pay of an employee?: Where the monthly pay of an employee is more than Rs. 6500.00 the contribution payable in respect of him by the employer (and the Central Government) is limited to the amounts payable on monthly pay of Rs. 6500.00 only. {Para 7}

 

What is the benefit provided under the scheme?: The benefit provided under the scheme in the nature of life insurance is as follows. On the death of an employee while in service a lumpsum insurance amount is payable to his nominee or family members. The insurance amount is equal to the average balance in the account of the deceased employee in the Provident Fund during a period of 12 months immediately preceding his death. In case the average balance exceeds Rs. 35000.00 subject to a ceiling of Rs. 60000.00. {Para 22}

 

Can the employer recover the employer's contribution from the wages of the employees?: The employer is prohibited from recovering the employer's contribution payable by him under the scheme by deducting the same from the wages of employees or in any other manner. {Para 9}

 

What is the manner of claiming the insurance-benefit payable under the scheme?: The insurance benefit can be claimed by the nominee or the other claimant by making a written application in Form 5(1F) to the Regional Provident Fund Commissioner through the employer under whom the deceased was last employed. {Para 24}

 

Is it permissible to exempt any establishment from the operation of the scheme?: The Employees' Provident Funds and Miscellaneous Provisions Act, 1952, permits the Central Government, subject to specified conditions, to exempt any establishment from the operation of all or any or the provisions of the scheme if the employees of such establishments are, without making any separate contribution or payment of premium, in enjoyment of life insurance benefits which are more favourable than the benefits admissible under the scheme. {Section 17(2A)}

 


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