Thursday 9 February 2012


Act                 : The Employees Provident Fund and Miscellaneous Act, 1952

 Rules            : The Employees Provident Funds Scheme 1952

                        : Employees Deposit- Linked Insurance Scheme, 1963   


No
Provision
Brief Description
Periodicity
Authority
Designated
Officer
1.
Sec 6 clauses 29, 30 and 38
Contribution to be made by the employer towards Employee Provident Fund. Amount- 10% of the basic wages, dearness allowance and retaining allowance if any. Contribution of both employee and employer to be made by the employer in the first instance. The employer also to pay administrative charge which is fixed by Central Government
15 days after the close of every month

1. Owner/ Occupier/ Manager of factory
2. Person having ultimate control over affairs of the establishment
2.
Clause 35 of Provident fund
Preparation of contribution cards in Form 3 or Form 3-A for employees newly qualified to become members of EP fund  
As and when

Ditto
3.
Clause 36 of Provident Fund Scheme

Returns & Registers:
· List of employees qualifying for membership of EP fund for the first time
· Inspection Fund
· Accounts of the contribution made
15 days within the close of each month
Accounts: from time to time as directed by the central board
Commissioner Central Board, in case of accounts

4.
Clause 36-A of Provident Fund Scheme
Employer to furnish any changes in details of branches & departments, owners, occupiers, directors, partners, manager or any other person in control of the establishment/ factory

Regional Commissioner

5.
Clause 42 of Provident Fund Scheme
Employer to renew contribution cards before period of currency expires



6.
Sec 6C
Payment of further amount into deposit insurance fund if so required by the Central Government, subject to a maximum limit of 1/4th of the contribution under Sec 6


Ditto
7.
Clause 10 of Deposit Scheme
Returns and Registers
List of employees qualifying for membership of EP fund for the first time
Inspection Fund
Accounts of contribution made
Monthly abstract of aggregate wages of all members on which contributions are payable
15 days within the close of each month
Accounts:
From time to time as directed by the central board Abstract: 25 days from  close of month
Commissioner Central Board in case of accounts
Ditto
8.
Sec 7Q
If amount due under scheme is not paid then 12% or higher interest as specified in the scheme to be paid from due date to actual due date of payment


Ditto
9.
Sec 12 r/w Clause 31 of Provident Fund Scheme
No reduction of wages of workers for reasons of liability to make contribution to the fund under the scheme. No deduction of employers contribution from wages


Ditto
 
1) 
Section 6
The employer has to make contribution towards the scheme for Employees Provident Fund framed by the Central Government. The amount of contribution is 10% of basic wages, dearness allowance and retaining allowance, if any of the employee, whether employed directly or through a contractor

Penalty for contravention: Imprisonment upto 3 years, but not less than 6 months and a fine of Rs 5000

The Contribution of both employee and employer to be made  by employer in the first instance. The employer also to pay administrative charge which is fixed by the Central Government

2) Clause 36
Returns and Registers:
List of employees qualifying for membership of EP fund for the first time in form 15 within 15 days of close of the month
Inspection book
Accounts of the contribution made, as directed by the central board
The same applies for deposit-scheme. Additionally an abstract of total wages payable to all employees on which contribution is payable within 25 days of the close of the month

3) Clause 36-A
Employer to furnish any change in details of branches and departments, owners, occupiers, directors, partners, manager or any other person in control of the establishment/factory

Payment of further amount into deposit insurance fund if so required by the Central Govt subject to a maximum limit of 1/4th of the contribution under Sec 6

Penalty for contravention: Imprisonment of upto 3 years, but not less than 6 months and a fine upto Rs 5000/-

4) Clause 42 of provident fund scheme
Employer to renew contribution cards before period of currency expires

5) Section 6-C
Payment of further amount into deposit insurance fund if so required by Central Government subject to a maximum limit of 1/4th of the contribution under Sec 6

6) Section 7Q
12% or more, if specified under the scheme is to be paid on the amount due. Interest will be charged if amount to be paid as contribution to the fund has not been paid then employer has to pay an interest of the due date to the actual date of payment

Penalty: Imprisonment of upto 6 months but not less than 1 month and a fine of upto Rs 5000/-

7) Section 12 read with Clause 31 of the Pension Scheme
The wages of workers cannot be reduced for liability to contribute to the fund or insurance fund. Employer’s contribution cannot be deducted from the wages.
Penalty: Imprisonment of upto 6 months but not less than 1 month and a fine upto Rs 5000



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