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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 (a) 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 Natarajan
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)]
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)]
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 Natarajan
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 Natarajan
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
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
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
Penalties
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