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EMPLOYEES PROVIDENT FUNDS SCHEME, 1952
2-9-1952
In exercise of the powers conferred by section 5 of the Employees 'Provident Funds Act, 1952 (19 of 1952), the Central Government hereby frames the following Employees' Provident Funds Scheme, 1952, namely:-
SCHEME 01: SHORT TITLE AND APPLICATION
(1) This Scheme may be called the Employees' Provident Funds Scheme, 1952.
(2) 1 [Save as otherwise provided in the Scheme, this Chapter] and Chapters II and III shall come into force at once and the remaining provisions shall come into force on such date or dates as the Central Government may by notification in the Official Gazette appoint and different dates may be appointed for different provisions.
2 [(3) (a) Subject to provisions of sections 16 and 17 of the Act, this Scheme shall apply to all factories 3 [and other establishments] to which the Act applies or is applied under sub- section (3) of section 3 thereof:] 4 [Provided that the provisions of this scheme shall not apply to:
(i) 5 [***]
(ii) 5 [***]
(iii) Tea factories in the State of Assam;] 6 [(b)Provisions of this Scheme shall-
7 [(i) as respects every establishment which is a factory engaged in any industry mentioned herein, namely, cement, cigarettes, electrical, mechanical or general engineering products, iron and steel, paper and textiles (made wholly or in part of cotton or wool or jute or silk, whether natural or artificial), be deemed to have, come into force with effect from 2nd day of September, 1952;] 8 [(ia)] as respects factories relating to the industries added to Schedule I of the Act, by notification of the Government of India in
the Ministry of Labour, No. S.R.0.1566, dated 4th July 1956,come into force on the 31st day of July, 1956;] 9 [(ii) as respects factories relating to the industries added to Schedule I of the Act by notification of the Government of India in the Ministry of Labour, S.R.0. 2026, dated 3rd September, 1956, come into force on the 30th day of September, 1956;] 10 [(iii) as respects factories relating to the mineral oil refining industry added to Schedule I of the Act by notification of the Government of India in the Ministry of Labour, No. S.R.0.218, dated the 19th January, 1957, come into force on the 31st day of
January, 1957;] 11 [(iv) as respects plantations of tea (other than tea plantations in the State of Assam, coffee, rubber, cardamom and pepper, covered by the notification of the Government of India in the Ministry of Labour, S.R.0. 529, dated the 16th February, 1957, come into force on the 30th day of April, 1957;]
12 [(v) as respects factories relating to the oxygen, acetylene and carbon dioxide gases in industry added to Schedule I of the Act as item (x) under the head "Heavy and Fine Chemicals" by the notification of the Government of India in the Ministry of Labour and
Employment, No. S.R.0.1976, dated the 15th June, 1957, come into force on the 31st day of July, 1957;] 13 [(vi) as respects iron ore, limestone, manganese and gold mines, covered by the notification of the Government of India in the
Short title and application Ministry of Labour and Employment, No. S.R.0.2705, dated the 24th August, 1957, come into force on the 30th day of November,
1957;] 14 [(vii) as respects factories relating to the Industrial and Power Alcohol and Asbestos Cement Sets Industries added to Schedule I of the Act by the notification of the Government of India in the Ministry of Labour and Employment, No. S.R.0. 3067, dated the 28th September, 1957, come into force on the 30th day of November, 1957;]
15 (viii) as respects coffee curing establishments covered by the notification of the Government of India in the Ministry of Labour
and Employment, No. S.R.0. 3411, dated the 26th October, 1957, come into force on the 30th day of November, 1957;] 16 [( ix) as respects factories relating to the biscuit making industry including compo- site units making biscuits and products such as bread, confectionery and milk and milk powder, added to Schedule I of the Act, vide Government of India, Ministry of Labour and Employment, Notification No. G.S.R. 170, dated the 12th March, 1968, come into force on the 30th day of April, 1958;]
17 [(x) as respects road motor transport establishments covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 399, dated the 24th March, 1959, come into force on the 30th day of April, 1959;]
18 [(xi) as respects mica mines and mica industry covered by the notifications of the Government of India in the Ministry of Labour and Employment, Nos. G.S.R. 312 and 313, dated the 5th March, 1960, respectively, come into force on the 31st day of May, 1960;] 19 [(xii) as respects factories relating to the plywood industry covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 632, dated the 30th May, 1960, come into force on the 30th day of June, I960;]
20 [(Xiii) as respects factories relating to the automobile repairing and servicing industry covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 683, dated the 9th June, 1960, come into force on the 30th day of June, I960;] 21 [(xiv) as respects any cane farm owned by a sugar factory covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 1274, dated the 21st October, 1960, come into force on the 30th day of November, 1960;] 22 [(xv) as respects factories relating to rice, flour and dal milling industries covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 1443, dated the 24th November, 1960, come into force on the 31st December, I960;] 23 [(xvi) as respects factories relating to the starch industry covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R.535,dated the 10th April, 961,comeintoforceonthe31stMay, 1961;] 24 [(xvii) as respects hotels and restaurants covered by the notification of the Govern- ment of India in the Ministry of Labour and Employment, No. G.S.R. 704, dated the 16th May, 1961, come into force on the 30th day of June, 1961; (xviii) as respects factories relating to petroleum or natural gas exploration, pros- pecting, drilling or
production and petroleum or natural gas refining and establishments engaged in the storage or transport or Short title and application distribution of petroleum or natural gas or products of either petroleum or natural gas covered by the notifications of the Government of India in the Ministry of Labour and Employment Nos. G.S.R. 705 and
706, dated the 16th May, 1961, respectively, come into force on the 30th day of June, 1961;] 25 [(xix) as respects the establishments covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 827, dated the 19th June, 1961, come into force on the 31st day of July, 1961;] 26 [(xx) as respects the establishments covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 1013, dated the 29th July, 1961, come into force on the 31st day of July, 1961; (xxi) as respects the factories relating to the leather and leather products industry covered by the notification of the Government of India in the Ministry of Labour and Employment No. G.S.R. 993, dated the 29th July, 1961, come into force on the 31st day of August, 1961;] 27 [(xxii) as respects the factories relating to the stone-ware jars and crockery industries covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 1382, dated the 4th November, 1961, come into force on the 30th day of November, 1961;] 28 [(xxiii) as respects the establishments covered by the notification of the Government of India in the
Ministry of Labour and Employment, No. G.S.R. 1458, dated the 2nd December, 1961, but not including the establishment referred to in sub- clause (xiv), come into force on the 31st December, 1961;] 29 [(xxiv) as respects every trading and commercial establishment engaged in the purchase, sale or storage of any goods, including establishments of exporters, importers, advertisers, commission agents and brokers, and commodity and stock exchanges, but not including banks or warehouses established under any Central or State Act, covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 346, dated the 7th March, 1962, come into force on the 30th day of April, 1962;] 30 [(xxv) as respects the factories relating to fruit and vegetable preservation industry covered by the notification of the Government of India, in the Ministry of Labour and Employment, No, G.S.R. 786, dated the 6th June, 1962 31 [as amended by the notification No. G.S.R. 1461, dated the 29th August, 1963], come into force on the 30th June, 1962;] 32 [(xxvi) as respects the factories relating to cashew nut industry covered by the notification of the Government of India in the Ministry of Labour and Employment, No.G.S.R. 1125,dated the I8th August, 1962,come into force on the 3Oth September, 1962;] 33 [(xxvii) as respects the establishment specified in the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 1232, dated the 7th September, 1962, come into force on the 31st October, 1962;]
34 (xxviii) as respects bauxite mines covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 1625, dated the 23rd November, 1962, come into force on the 31st December, 1962;] 35 [(xxix) as respects the confectionery industry come into force on the 31st March, 1963; ] Short title and application 36 (xxx) as respects establishment engaged in laundry and laundry services referred to in the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 561, dated the 23rdMarch, 1963, come into force on the 30th April, 1963;] 37 [(xxxl) as respects the industries engaged in the manufacture of buttons, brushes, plastic and plastic products and stationery products, come into force on the 30th day of April, 1963:] 38 [(xxxii) as respects the establishments covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 728, dated the 20th April, 1963, come into force on the 31st day of May, 193;]
39 [(xxxiii) as respects canteens covered by the notification of the Government of India in the Ministry of Labour and Employment, No. G.S.R. 1285, dated the 29th July, 1963, come into force on 31st day of August, 1963;] 40 (xxxiv) as respects aerated water industry, that is to say, any industry, engaged in the manufacture of aerated water, soft drinks, carbonated water, industry come into force on 31st day of August, 1963;]
41 (xxxv) as respects distilling and rectifying of spirits (not falling under industrial and power alcohol) and blending of spirits industry come into force on the 31st day of October, 1963;] 42 (xxxvi) as respects the establishments in Pondicherry territory covered under the Employees' Provident Funds Act, 1952 (19 of 1952), by virtue of the Pondicherry (Laws) Regulation, 1963 (7 of 1963), come into force on the 31st day of October, 1963;] 43 [(xxxvii) as respects the paint and varnish industry come into force on the 31st day of January, 1964;] 44 [(xxxvlii) as respects bone crushing industry come into force on the 31st day of January, 1964;] 45 [(xxxix) as respects china-clay mines come into force on the 30th day of June, 1964; ] 46 [(xl) as respects pikers industry come into force on the 30th day of June, 1964;] 47 [(xli) as respects the establishments in the Union territory of Goa, Daman and Diu in which territory the Employees' Provident Fund Act, 1952 (19 of 1952), has been enforced from the 1st July, 1964 by the notification of the Government of Goa, Daman and Diu, Industries and Labour Department No. LC/6/64,
dated the 24th June, 1964, come into force on the 31st day of July, 1964;] 48 [(xlii) as respects the establishments specified in the notification of the Government of India in the
Department of Social Security, No. G.S.R. 1398, dated the 17th September, 1964, come into force on the 31 st day of October, 1964;] 49 [(xliii) as respects milk and milk products industry specified in the notification of the Government of India in the Department of Social Security, No. G.S.R. 1723, dated the 27th November, 1964, come into force on the 31st day of December, 1964;] 50 (xliv) as respects ( I ) travel agencies engaged in the ( i) booking of International Air and Sea passages and other travel arrangements, (ii) booking of internal air and mail passages and other travel arrangements, and (III) forwarding and clearing of cargo from and to overseas and within India; and (2) forwarding agencies engaged in the collection, packing, forwarding or delivery of any goods including, car loading, Short title and application break-bulk service and foreign freight service specified in the notification of the Government of India in the Department of Social Security, No. G.S.R. 1976, dated the 9th December, 1964, come into force on the 31st day of January, 1965;] 51 [(xlv) as respects non-ferrous metals and alloys in the form of ingots industry specified in the notification of the Government of India in the Department of Social Security, No. G.S.R. 1795, dated the
9th December, 1964, come into force on the 31st day of January, 1965;] 52 [(xlvi) as respects bread industry specified in the notification of the Government of India in the
Department of Social Security, No. G.S.R. 402, dated the 2nd March, 1965, come into force on the 31st day of March, 1965;] 53 (xlvii) ns respects the stemming or re-drying of tobacco leaf industry, that is to say, any industry engaged in the stemming, re-drying, handling, sorting, grading or packing of tobacco leaf specified in the notification of the Government of India in the Department of Social Security, No. G.S.R. 768, dated the
18th May, 1965, come into force on the 30th day of June, 1965;] 54 [(XlVIII) as respects agarbattee (including dhoop and dhoopbattee) industry specified in the notification
of the Government of India in the Department of Social Security, No. G.S.R. 910, dated the 23rd June, 1965, come into force on the 31st day of July, 1965;]
55 [(xlix) as respects coir (excluding the spinning sector) industry specified in the notification of the Government of India in the Department of Social Security, No. G.S.R. 952, dated the 3rd July, 1965, come into force on the 30th day of September, 1965;]
[(l) as respects magnesite mines covered by the notification of the Government of India in the Department of Social Security, No. G.S.R. 1166, dated the 9th August, 1965, come into force on the 31st day of August, 1965;] 56 [(li) as respects stone quarries producing roof and floor slabs, dimension stones, monumental stones and mosaic chips covered by the notification of the Government of India in the Department of Social Security, No. G.S.R. 1779, dated the 4th December 1965, come into force on the 31st day of December 1965;] 57 [(lii) as respects banks doing business in one State or Union territory and having no departments or branches outside that State or Union territory covered by the notification of the Government of India in the Department of Social Security, No. G.S.R. 2, dated the 18th December, 1965, come into force on the 31st day of January, 1966;]
58 (fill) as respects the tobacco industry, that is to say, any industry engaged in the manufacture of cigars, zarda, snuff, qivam and guraku from tobacco covered by the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation 60 (Department of Labour and Employment), No. G.S.R. 895, dated the 1st June, 1966, come into force on the 30th day of June, 1966;] 59 [(fiv) as respects paper products industry covered by the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 1 19, dated the 11th July, 1966, come into force on the 31st day of July, 1966;] 61 [(lv) as respects licensed salt industry covered by the notification of the Govern- ment of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 1362, dated 30th August, 1966, come into force on the 30th day of September, 1966:] Short title and application Page 6 of 9 62 [(lvi) as respects linoleum and indoleum industries specified in the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation Department of Labour and Employment), No. G.S.R. 437, dated the 27th March, 1967, come into force on the 30th day of April, 1967;] 63 [(lVii) as respects explosives industry, come into force on the 31st day of July, 1967;] 64 [(lviii) as respects jute bailing or pressing industry specified in the notification of the Government of
India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 1226, dated the 5th August, 1967, come into force on the 31st day of August, 1967;] 65 [(lix) as respects fireworks and percussion cap works industry specified in the notification of the Government of India in the Ministry of Labour, Employ- ment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 1530, dated the 5th October, 1967, come into force on the 31st day of October, 1967:] 66 [(lx) as respects tent making industry specified in the notification of the Govern- ment of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 1716, dated the 3rd November, 1967, come into force on the 30th day of November, 1967:] 67 [(lxi) as respects the barytes, dolomite, fireclay, gypsum, kyanite, silliminite and steatite mines come
into force on the 31st day of August, 1968;] 68 [(lxii) as respects Cinchona plantations come into force on the 31st day of December, 1968;] 69 [(lxiii) as respects ferro-manganese industry come into force on the 30th dav of April, 1969:] 70 [(lxiv) as respect ice or ice-cream industry come into force on the 30th day of June, 1969:] 71 [(lxv) as respects diamond mines come into force on the 30th day of June, 1969;] 72 [(lxvi) as respects establishments which are exclusively or principally engaged in general insurance
business come into force on the 31st day of January, 1970:] 73 [(lxvii) as respects establishments rendering expert services come into force on the 31st day of May,
1971;] 74 [(lxviii) as respects factories engaged in the winding of thread and yarn reeling covered by the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 1988, dated the 22nd November, 1971, come into force on the 30th day of November, 1971;] 75 {(lxix) as respects Railway Booking Agencies run by the contractors or by other private establishments on commission basis specified in the notification of the Government of India in the Department of Labour and Employment, No. 4/ 3/65-PF-ll(i), dated the 17th March, 1972, come into force on the 31st day of March, 1972;]
76 (lxx) as respects cotton ginning, bailing and pressing industry, specified in the notification of Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour Short title and application and Employment), No. G.S.R. 1251, dated the 23rd September, 1972, come into force on the 30th day of
September, 1972;] 77 [( lxxi) as respects messes other than military messes covered by the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 299, dated the 24th March, 1973, come into force on the 31st March, 1973;] (lxxii) 78 [***] 79 [(lxxiii) as respects factories relating to "Katha" making industry covered by the notification of the
Government of India in the Ministry of Labour, Employ- ment and Rehabilitation Department of Labour and Employment), No. G.S.R. 503, dated the 2nd May, 1973, come into force on 31st day of May, 1973;] 80 [( lxiv) as respects the establishments known as hospitals specified in the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. G.S.R. 1082, dated the 29th September, 1973, come into force on the 31st August, 1973;] 81 [(lxxv) as respects the employees of the beer manufacturing industry, that is to say, any industry engaged in the manufacture of the product of alcoholic fermentation of a mash in potable water of malted barley and hops, or of hops concentrated with or without the addition of other malted or unmalted cereals or other carbohydrate preparations, specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 428, dated the 27th April, 1974, come into force on the 30th April, 1974;] 82 [(lxxvi) as respects the establishments engaged in sorting, cleaning and teasing of cotton specified in the notification of the Government of India, in the Ministry of Labour, No. G.S.R. 1094, dated the 26th September, 1974, come into force on the 30th day of September, 1974;] 83 [(lXXVII) as respect societies, clubs, or associations which render service to their members without charging any fee over and above the subscription fee or membership fee specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 1294, dated 16th November, 1974, come into force on the 30th day of November, 1974;] 84 [( lxxviii) as respects every garments making factory specified in the notification of he Government of
India in the Ministry of Labour, No. G.S.R. 1295, dated 23rd November, 1974, come into force on the 13th day of November, 1974;] 85 [(ixxix) as respects the Agricultural Farms, Fruit Orchards, Botanical Gardens and Zoological Gardens specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 1315, dated 27th November, 1974, come into force on the 31st day of December, 1974;] 86 (lxxx) as respects soap stone mines and establishment engaged in the grinding of soap stone covered by the notification of the Government of India in the Ministry of Labour, S.O. 1955, dated the 21st June,1975, come into force on the 30th June, 1975:] 87 [(lxxxi) as respects the apatite, asbestos, calcite, ball clay, corundum, emerald, feldspar, silica (sand), quartz, ochre, chromite, graphite and fluorite mines covered by the notification of the Government of India in the Ministry of Labour,No. G.S.R. 1102,dated the 24th July, 1976, come into force on the30th September, 1976;] Short title and application 88 [(lxxxii) as respects,- (1) establishments which are factories engaged in the manufacture of glue and gelatine, (2) stone quarries producing stone chips, stone sets, stone boulders, and ballasts, and (3) establishments engaged in fish processing and non-vegetable food preservation industry including bacon factories and pork processing plants, covered by the notification of the Government of India in the Ministry of Labour, No. G.S.R. 204, dated the 31st January, 1977, come into force on the 28th February, 1977;]
89 (lxxxiii) as respects the beedi industry, that is to say, any industry engaged in the manufacture of beedis, specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 660, dated the 17th May, 1977, come into force or the 31st May, 1977;] 90 [(lxxxiv) as respects the financial establishment (other than banks) engaged in the activities of borrowing, lending, advancing of money and dealing with other monetary transactions with a view to earn interest not being the Unit Trust of India established under the Unit Trust of India Act, 1963 (52 of 1963), the Agricultural Refinance Corporation established under the Agricultural Refinance Corporation Act,
1963 (10 of 1963), the Industrial Development Bank of India established under the Industrial Development Bank of India Act, 1964 (18 of 1964), the Industrial Finance Corporation of India established under the Industrial Finance Corporation Act, 1948 (15 of 1948) and State Finance Corporations established under the State Finance Corporation Acts specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 1458, dated the 18th November, 1978, come into force on the day of December 31,1978;] 91 [(lxxxv) as respects lignite mines specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 31, dated the 16th December, 1978, come into force on the 6th January, 1979;]
92 [(ixxxvi) as respects the Ferro Chrome Industry, that is to say, any industry engaged in the manufacture of Ferro Chrome, specified in the notification of the Govern- ment of India in the Ministry of Labour No. G.S.R. 938, dated the 25th June, 1978, come into force on the 31st July, 1979;] 93 [( lxxxvii) as respects the Diamond Cutting Industry, that is to say, any industry engaged in the cutting of diamond, specified in the notification of the Government of lndia in the Ministry of Labour,No.G.S.R.564,dated the 17th May, 1980, come into force on the 31st May, 1980; ( lxxxviii) as respects the quartizite mines covered by the notification of the Government of India in the Ministry of Labour, No. G.S.R. 563, dated the 17th May, 1980, come into force on the 31st May, 1980; (lxxxix) as respects the inland water transport establishments, that is to say, any establishment engaged in the activities of inland water transport specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R.565,dated the 17th May, 1980,come into force on the31st May, 1980;] 94 [(xc) as respects the establishments engaged in Building and Construction Industry specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 1069, dated the 11th October, 1980, come into force on the 31st October, 1980;] 95 [(xci) as respects factories relating to the Myrobalan Extract Power Myrobalan Extract Solid and Vegetable Tannin Blended Extract Industries, specified in the notification of the Government of India in Short title and application the Ministry of Labour No. G.S.R. 613(E), dated the 30th October, 1980, come into force on the 31st October, 1980;] 96 [(xcii) as respects the Brick Industry, that is to say, any industry engaged in the manufacture of bricks, specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 662(E), dated the 27th November, 1980, come into force on the 30th November, 1980;] 97 [(xciii) as respects the establishments engaged in stevedoring, loading and unloading of ships specified
in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 611 (E), dated the 23rd November, 1981, published in Part II, Section 3 , sub-section (i) of the Gazette of India, Extraordinary, dated the 23rd November, 1981;]
98 [(xciv) as respects establishments engaged in poultry farming specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 643(E), dated the 7th December, 1981 published at page 1834 in Part II, section 3 , sub-section (i) of the Gazette of India, Extraordinary, dated the 7th December, 1981;]
(xcv) as respects the establishments engaged in Cattle Feed Industry specified in the notification of the Government of India in the Ministry of Labour, No. G.S.R. 644(E), dated the 7th December, 1981, published at page 1934 in Part II, section 3 , sub-section (i) of the Gazette of India, Extraordinary, dated the 7th December, 1981;] 99 [(xcvi) as respects the educational, scientific, research and training institutions specified in the notification of the Government of India in the Ministry of Labour, No. S.O. 986, dated the 19th February, 1982, published in Part II, Section 3 , sub-section (ii) of the Gazette of India, dated 6th March, 1982;] 100 [(xcvii) as respects the industries based on asbestos as principal raw material, specified in the notification of the Government of India in the Ministry of Labour and Rehabilitation No. S.O. 2459, dated the 21st May, 1983, published in Part II, Section 3 , sub-section ( ii) of the Gazette of India, dated the 4th June, 1983;] 101 (xcviii) as respect the cinema theatres employing 5 or more workers as specified in section 24 of the Cine-Workers and Cinema Theatre Workers (Regulations of Employment) Act, 1981 (50 of 1981) be deemed to have come into force with effect from the 1st day of October, 1984;] 103 (xcix) as respects the iron ore pellets industry as specified in the notification of the Government of India in the Ministry of Labour, No. S.O. 2276, dated 30th August, 1989, published in Part II, Section 3 , sub-section (ii) of the Gazette of India, dated 16th September, 1989; (xcx) as respects the establishments engaged in Guar Gum Factories, Marble Mines and Diamond Saw Mills specified in the notification of the Government of India, in the Ministry of Labour, No. G.S.R. 170, dated 25th March, 1992, published in Part II, Section 3 , sub-section (ii) of the Gazette of India, dated 11th April, 1992.]
SCHEME 02: DEFINITIONS
In this Scheme, unless the context otherwise requires:-
(a) "Act" means the Employees' Provident 104 [Funds and Family Pension Fund Act], 1952 (19 of 1952);
(b) 105 [***]
(c) "Children" means legitimate children and includes adopted children if the Com- missioner is satisfied that under the personal law of the member adoption of a child is legally recognised; 106
[(d) "Commissioner" means a Commissioner for Employees' Provident Fund appoint- ed
under section 5D of the Act and includes a Deputy Provident Fund Commissioner and a
Regional Provident Fund Commissioner;]
(e) "continuous service" means uninterrupted service and includes service which is interruptedby sickness, accident, authorised leave, strike which is not illegal, or cessation of work not due to the employee's fault;
(f) "excluded employee" means- 107 [(i) an employee who, having been a member of the Fund, withdrew the full amount of his accumulations in the Fund under clause (a) or (c) of sub- paragraph (1) of paragraph 69;] 108 [(ii) an employee whose pay at the time he is otherwise entitled to become a member of the Fund, exceeds 102 [six thousand and five hundred rupees] per month; Explanation: 'Pay' includes basic wages with 109 [dearness allowance, retaining allowance (if any) and cash value of food concessions] admissible thereon;] (iii) 110 [***]
111 [(iv) an apprentice. Explanation: An apprentice means a person who, according to the certified standing orders applicable to the factory or establishment, is an apprentice, or who is declared to be an apprentice by the authority specified in this behalf by the appropriate Government;]
(vi) 112 [***]
(g) "family" means-
(i) 113 [in the case of a male member, his wife, his children, whether married or unmarried, his dependent parents and his deceased son's widow and children:] Provided that if a member proves that his wife has ceased, under the personal law governing him or the customary law of the community to which the Definitions spouses belong, to be entitled to maintenance she shall no longer be deemed to be a part of the member's
family for the purpose of this Scheme, unless the member subsequently intimates by express notice in writing to the Commissioner that she shall continue to be so regarded; and (ii) 114 [in the case of a female member, her husband, her children, whether married or unmarried, her dependent parents, her husband's dependent parents and her deceased son's widow and children:] Provided that if a member by notice in writing to the Commissioner expresses her desire to exclude her husband from the family, the husband and his dependent parents shall no longer be deemed to be a part of the member's family for the purpose of this Scheme, unless the member subsequently cancels in writing any
such notice. Explanation: In either of the above two cases, if the child of a member 115 [or, as the case may be, the child of a deceased son of the member] has been adopted by another person and if, under the personal law of the adopter, adoption is legally recognised, such a child shall be considered as excluded from the family of the member;
(h) "financial year" means the year commencing on the first day of April;
(i) "Government security" shall have the meaning assigned to it in the Public Debts Act, 1944 (18 of 1944); (j) "Inspector" means a person appointed as such under section 13 of the Act;
(k) "Quarter" means a period of three months commencing on the first day of January, the first day of April, the first day of July and the first day of October of each year: 116 [(kk)'seasonal factory' means a factory which is exclusively engaged in the manufacture of tea, sugar, rubber 117 [, turpentine, rosin, indigo, lac], 118 [fruit and vegetable preservation industry,] 119 [rice milling industry, dal milling industry], 120 [cashewnut industry], 121 [stemming or redrying of tobacco leaf industry] 122 [, tiles industry, hosiery industry, oil milling industry], 123 [licensed salt industry,] 124 [jute baling or pressing industry], 125 [fire works and percussion cap works industry], 126 [ice or ice cream industry] 127 [or cotton ginning, baling and pressing industry];
128 [(kkk)"seasonal establishment' means a plantation of tea, coffee, rubber, cardamom or pepper], 129 [a coffee curing establishment], a fireclay mine or a gypsum mine];]
(l) 'trustee" means a member of a Board of Trustees; and (m) all other words and expressions shall have the meanings respectively assigned to them in the Act.
SCHEME 03: ELECTION OF CERTAIN MEMBERS OF T¢HE EXECUTIVE COMMITTEE
(1) The Chairman of the Central Board shall call a meeting of the Board for the purpose of election to the Executive Committee of the members representing the employer or, as the case may be, the employees referred to in clauses (d) and (e) of sub- section (2) of section 5AA of the Act.
(2) In the meeting referred to in sub-paragraph (1), the Chairman of the Central Board may invite the members to propose the names of those members, who represent the employers or, as the case may be, the employees and every such proposal shall be duly seconded by another member of the Board.
(3) If the number of persons proposed and seconded for election under sub-paragraph (2) does not exceed the number of vacancies to be filled up from amongst the persons representing the employers, or, as the case may be, the employees, the persons whose names have been so proposed and seconded in relation to the category of employers or employees, shall be declared elected to the Executive Committee.
(4) If the number of persons proposed and seconded for election under sub-paragraph (2)
exceeds the number of vacancies to be filled up from amongst the persons representing the employers or, as the case may be, the employees, each member of the Board present at the meeting shall be given a ballot paper containing the names of all the candidates so proposed and seconded and he may record his votes thereon for as many candidates belonging to the categories of employers or employees, as there are vacancies to be filled up in relation to each such category, but not more than one vote shall be given in favour of any one candidate. If any member votes for more candidates than the number of vacancies in relation to the categories of employers or employees or given more than one vote in favour of any one candidate, all his votes shall be deemed to be invalid.
(5) The person getting the highest number of votes shall be declared by the Chairman as duly elected to the Executive Committee at the same meeting or as soon thereafter as possible:
Provided that where there is an equality of votes between any candidates, and the addition of one vote will entitle any of the candidates to be declared elected, such candidate shall be selected by lot to be drawn in the presence of the Chairman in such manner as he may determine.
(6) If any question arises as to the validity of any election, it shall be referred to the Central Government, who shall decide the same.]
SCHEME 04: REGIONAL COMMITTEE
(1) Until such time as a State Board is constituted for a state, the 33 [Chairman of the Central Board] may, 134 [by notification in the Official Gazette,] set up a Regional Committee for the State, which will function under the control of the Central Board. The Regional Committee shall consist of the following persons, namely:-
(a) a Chairman 136 [appointed] by the 135 [Chairman of the Central Board];
(b) Two persons 136 [appointed] by the 136 [Chairman of the Central Board] on the recommendation of the State Government:
(c) 137 [two persons] representing employers in the 138 [industries or other establish- ments] to which this Scheme applies in the State 139 [appointed by the Chairman of the Central Board] in consultation with such organisations of employers in the State as may be recognised for the purpose by the Central Government; 142 [***]
(d) 137 [two persons] representing employees in the 141 [industries or other establish- ments] to which this Scheme applies in the State 139 [appointed by the Chairman of the Central Board] in consultation with such organisations of employees in the State as may be recognised for the purpose by the Central Government; 142 [and
(e) the non-official members of the Central Board ordinarily resident in the State:] 143 [Provided that where the Chairman of the Central Board considers it expedient so to do, he may appoint up to three additional representatives of the employers or, as the case may be, the employees.] 144 [(2) A Regional Committee shall advise the Central Board,-
(i) on such matters as the Central Board may refer to it from time to time;
( ii) generally, on all matters connected with the administration of the Scheme in the State and, in particular, on-
(a) progress of recovery of provident fund contributions and other charges,
(b) expeditious disposal of prosecutions,
(c) speedy settlement of claims,
(d) annual rendering of accounts to members of the Fund, and
(e) speedy sanction of advances.] Regional Committee
(3) As soon as a State Board is constituted for any State, the Regional Committee constituted for that State under this paragraph shall stand dissolved.
SCHEME 05: TERMS OF OFFICE
146 [(1) The term of office of the Chairman, Vice-Chairman and every Trustee of the Central Board referred to in clauses (b), (c), (d) and (e) of sub-section (1) of section 5A of the Act shall be five years commencing on and from the date on which their appointment is notified in the Official Gazette. (2) The term of office of the Chairman and every Member of the Executive Committee referred to in clauses ( b), (c), (d) and (e) of sub-section (2) of section 5AA shall be two years and six months commencing on and from the date on which their appointment is notified in the Official Gazette.
(2A) The term of office of the Chairman and every Member of a Regional Committee referred to in clauses (b), (c) and (d) of sub-paragraph (1) of paragraph 4 shall be three years commencing on and from the date on which their appointment is notified in the Official Gazette. (2B) Notwithstanding anything contained in sub-paragraphs (1), (2) and (2A) every trustee or member shall continue to hold office until the appointment of his successor is notified in the Official Gazette: Provided that a member of the Executive Committee shall cease to hold office when he ceases to be a member of the Central Board.] (3) A trustee or a member referred to in 48 [sub-paragraphs (1), (2) and (2A)] appointed to fill a casual vacancy shall hold office for the remaining period of the term of office of the trustee or member in whose place he is appointed and shall continue to hold office on the expiry of the term of office until the appointment of his successor is notified in the Official Gazette. 147 (4) an outgoing Trustee or Member shall be eligible for re-appointment.
SCHEME 06: RESIGNATION
149 [***] A trustee of the Central Board or a member of 150 [the Executive Committee] may resign his office by letter in writing addressed to the Central Government and his office shall fall vacant from the date on which his resignation is accepted by the Central Governme. 151 [***] 152 [A member of a Regional Committee may resign his office by a letter in writing addressed to the Chairman, Central Board, and his office shall fall vacant from the date on which his resignation is accepted by the Chairman, Central Board.]
SCHEME 07: CESSATION AND RESTORATION OF TRUSTEESHIP
If a trustee or a member of 153 [the Executive Committee or] a Regional Committee fails to attend three consecutive meetings of the Board or Committee, as the case may be, without obtaining leave of absence from the Chairman of the Board or Committee, he shall cease to be a trustee or member of the Committee: 155 [Provided that the Central Government in the case of the Central Board 156 [or the Executive Committee and the Chairman, Central Board, in the case of any Regional Committee may restore him to trusteeship or membership of the Executive Committee or of] the Regional Committee, as the case may be, if it is satisfied that there were reasonable grounds for the absence.]
SCHEME 08: DISQUALIFICATIONS FOR TRUSTEESHIP OR MEMBERSHIP OF REGIONAL COMMITTEE
(1) A person shall be disqualified for being 157 [appointed] as, or for being a trustee or member of a Regional Committee:-
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