MINISTRY OF LABOUR AND EMPLOYMENT

NOTIFICATION

New Delhi, the 30th December, 2016

G.S.R. 1190(E).— In exercise of the powers conferred by section 5 read with sub-section (1) of section 7 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following Scheme further to amend the Employees’ Provident Funds Scheme, 1952, namely:—

1. (1) This Scheme may be called the Employees’ Provident Funds (Seventh Amendment) Scheme, 2016.

(2) It shall come into force on the 1st day of January, 2017 and shall cease to operate on the 31st day of March, 2017, except as respects things done or omitted to be done before such cessation.

2. In the Employees’ Provident Funds Scheme, 1952, after paragraph 82, the following paragraph shall be inserted, namely:—

“82A. Special provision in respect of Employees’ Enrolment Campaign, 2017.—(1) The Employees’ Enrolment Campaign, 2017 shall come into force on the 1st day of January, 2017 and shall cease to operate on the 31st day of March, 2017.

(2) Every employer who has failed to comply with the provisions of this Scheme in relation to membership of employees and contribution thereto to the Fund, shall furnish a declaration in such Form as may be specified by the Central Provident Fund Commissioner, in respect of membership of the employees, who were required or entitled to become members of the Fund for the period beginning the 1st day of April, 2009 and ending the 31st day of December, 2016 but were not enrolled as members for any reason, to the Regional Provident Fund Commissioner.

(3) The employer shall, within fifteen days from the date of furnishing the declaration referred to in sub­paragraph (2), remit the employer’s contribution payable in accordance with the provisions of this Scheme and the employee’s contribution deducted from the employee’s wages along with interest payable in accordance with section 7Q of the Act and damages :

Provided that employer shall not be required to pay the employee’s contribution if the same has not been deducted from the wages of the employee.

(4) The employer shall, after complying with sub-paragraph (2) and sub-paragraph (3), file a return in such form as may be specified by the Central Provident Fund Commissioner, to the Regional Provident Fund Commissioner.

(5) The employer shall specify the date of eligibility in respect of each employee for membership in the declaration referred to in sub-paragraph (2):

Provided that such declaration shall be valid only in respect of employees who are alive as on the 1st day of January, 2017 and no proceedings under section 7A of the Act or under paragraph 26B of this Scheme or under paragraph 8 of the Employees’ Pension Scheme, 1995 have been initiated against their establishment or employer, as the case may be, to determine the eligibility for membership of such employees.

(6) If the employer fails to remit the contribution, interest and damages payable by him as referred to in sub-paragraph (3), then, the declaration sent by the employer under sub-paragraph (2) shall be deemed to have not been made by such employer under this Scheme.

(7) Where a declaration under sub-paragraph (2) has been made by misrepresentation or suppression of facts, such declaration shall be void and shall be deemed to have not been made under this Scheme and the person making such declaration shall be liable to penal action in accordance with the provisions of the Act and the Schemes made thereunder.

(8) The exceptions and modifications subject to which the provisions of this Scheme shall apply, in relation to the employees’ whose membership have been declared under sub-paragraph (2) as per the Employees’ Enrolment Campaign, 2017, shall be as follows, namely:—

(a) in paragraph 30, after sub-paragraph (1), the following proviso shall be inserted, namely:—

“Provided that, for the purpose of increasing coverage and extension of benefits under the Act and Schemes made thereunder, the member’s contribution is waived under Employees’ Enrolment Campaign, 2017 for the period beginning the 1st day of April, 2009 and ending the 31st day of December, 2016 :

Provided further that such waiver shall be applicable only if the member’s contribution has not been recovered from such member’s wages.”.

(b) in paragraph 32-A, in sub-paragraph (1), for the Table, the following Table shall be substituted, namely:—

TABLE

(Applicable for remittances in respect of valid declarations under Employees’ Enrolment Campaign, 2017)

Period of default Rate of damages
(1) (2)
Between the 1st day of April, 2009 to the 31st day of December, 2016 One rupee per annum.”.

(c) for paragraph 39, the following paragraph shall be substituted, namely:—

“39. Fixation of administrative charges.—The administrative charges payable under Employees’ Enrolment Campaign, 2017 for the period 1st April, 2009 to the 31st December, 2016 under sub-paragraph (1) of paragraph 38 shall be nil.”.

[F. No. S-35012/13/2016-SS-II] R. K. GUPTA, Jt. Secy.

Note: The principal scheme was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide notification number S.R.O. 1509, dated the 2nd September, 1952 and was lastly amended vide notification number G.S.R. 1065(E), dated the 11th November, 2016.

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Category : Corporate Law (3315)
Type : Notifications (15136) Notifications/Circulars (29834)
Tags : EPF (221) EPFO (193)

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