Lawgist6Contributions and matters which may be provided for in Schemes
1*** The contribution which shall be paid by the employer to the Fund shall be 2[ten per cent.] of the basic wages, 3[dearness allowance and retaining allowance (if any)] for the time being payable to each of the employees 4[(whether employed by him directly or by or through a contractor)], and the employees' contribution shall be equal to the contribution payable by the employer in respect of him and may, 5[if any employee so desires, be an amount exceeding 2[ten per cent.] of his basic wages, dearness allowance and retaining allowance (if any), subject to the condition that the employer shall not be under an obligation to pay any contribution over and above his contribution payable under this section]:
6[Provided that in its application to any establishment or class of establishments which the Central Government, after making such inquiry as it deems fit, may, by notification in the Official Gazette specify, this section shall be subject to the modification that for the words 2[ten per cent.], at both the places where they occur, the words7[twelve per cent.] shall be substituted:]
Provided further that where the amount of any contribution payable under this Act involves a fraction of a rupee, the Scheme may provide for the rounding off of such fraction to the nearest rupee, half of a rupee or quarter of a rupee.
8[Explanation 1.] -- For the purposes of this 13[section], dearness allowance shall be deemed to include also the cash value of any food concession allowed to the employee.
10[Explanation 2].-- For the purposes of this 9[section], "retaining allowance" means an allowance payable for the time being to an employee of any factory or other establishment during any period in which the establishment is not working, for retaining his services.]
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1. The brackets and figure "(1)" omitted by Act 28 of 1963, s. 5 (w.e.f. 30-11-1963).
2. Subs. by Act 10 of 1998, s. 2, for "eight and one-third per cent." (w.e.f. 22-9-1997).
3. Subs. by Act 46 of 1960, s. 4, for "and the dearness allowance" (w.e.f. 31-12-1960).
4. Ins. by Act 28 of 1963, s. 5 (w.e.f. 30-11-1963).
5. Subs. by Act 33 of 1988, s. 9, for certain words (w.e.f. 1-8-1988).
6. Subs. by s. 9, ibid., for the First Proviso (w.e.f. 1-8-1988).
7. Subs. by Act 10 of 1998, s. 2, for "ten per cent." (w.e.f. 22-9-1997).
8. The Explanation. re-numbered as Explanation 1 by Act 46 of 1960, s. 4 (w.e.f. 31-12-1960).
9. Subs. by Act 28 of 1963, s. 5, for "sub-section" (w.e.f. 30-11-1963).
10. The Explanation ins. by Act 46 of 1960, s. 4 (w.e.f. 31-12-1960).
11. Omitted by Act 28 of 1963, s. 5 (w.e.f. 30-11-1963).
- 1 Short title, extent and application
- 2 Definitions
- 2A Establishment to include all departments and branches
- 3 Power to apply Act to an establishment which has a common provident fund with another establishmen
- 4 Power to add to Schedule I
- 5 Employees‟ Provident Fund Schemes
- 5A Central Board
- 5AA Executive Committee
- 5B State Board
- 5C Board of Trustees to be body corporate
- 5D Appointment of officers
- 5DD Acts and proceedings of the Central Board or its Executive Committee or the State Board not to be invalidated on certain grounds
- 5E Delegation
- 6 Contributions and matters which may be provided for in Schemes
- 6A Employees' Pension Scheme
- 6C Employees' Deposit-linked Insurance Scheme
- 6D Laying of schemes before Parliament
- 7 Modification of Scheme
- 7A Determination of moneys due from employers
- 7B Review of orders passed under section 7A
- 7C Determination of escaped amount
- 7D Tribuna
- 7E [Omitted.]
- 7F [Omitted.]
- 7G [Omitted.]
- 7H [Omitted.]
- 7-I Appeals to Tribunal
- 7J Procedure of Tribunals
- 7K Right of appellant to take assistance of legal practitioner and of Government, etc., to appoint presenting officers
- 7L Orders of Tribunal
- 7M [Omitted.]
- 7N [Omitted.]
- 7-O Deposit of amount due, on filing appeal
- 7P Transfer of certain applications to Tribunals
- 7Q Interest payable by the employer
- 8 Mode of recovery of moneys due from employers
- 8A Recovery of moneys by employers and contractors
- 8B Issue of certificate to the Recovery Officer
- 8C Recovery Officer to whom certificate is to be forwarded
- 8D Validity of certificate and amendment thereof
- 8E Stay of proceedings under certificate and amendment or withdrawal thereof
- 8F Other modes of recovery
- 8G Application of certain provisions of Income-tax Act
- 9 Fund to be recognised under Act 11 of 1922
- 10 Protection against attachment
- 11 Priority of payment of contributions over other debts
- 12 Employer not to reduce wages, etc
- 13 Inspectors
- 14 Penalties
- 14A Offences by companies
- 14AA Enhanced punishment in certain cases after previous conviction
- 14AB Certain offences to be cognizable
- 14AC Cognizance and trial of offences
- 14B Power to recover damages
- 14C Power of court to make orders
- 15 Special provisions relating to existing provident funds
- 16 Act not to apply to certain establishments
- 16A Authorising certain employers to maintain provident fund accounts
- 17 Power to exempt
- 17A Transfer of accounts
- 17AA Act to have effect notwithstanding anything contained in Act 31 of 1956
- 17B Liability in case of transfer of establishment
- 18 Protection of action taken in good faith
- 18A Presiding Officer and other officers to be public servants
- 19 Delegation of powers
- 20 Power of Central Government to give directions
- 21 Power to make rules
- 22 Power to remove difficulties
