Section 2 Definitions of Employees Provident Funds And Miscellaneous Provisions Act, 1952
2. In this Act, unless the context otherwise requires,—
[(a) "appropriate Government" means—
(i) in relation to an establishment belonging to, or under the control of, the Central Government or in relation to an establishment connected with a railway company, a major port, a mine or an oil field or a controlled industry, [or in relation to an establishment having departments or branches in more than one State,] the Central Government; and
(ii) in relation to any other establishment, the State Government;]
[(aa) "authorised officer" means the Central Provident Fund Commissioner, Additional Central Provident Fund Commissioner, Deputy Provident Fund Commissioner, Regional Provident Fund Commissioner or such other officer as may be authorised by the Central Government, by notification in the Official Gazette;]
(b) "basic wages" means all emoluments which are earned by an employee while on duty or [on leave or on holidays with wages in either case] in accordance with the terms of the contract of employment and which are paid or payable in cash to him, but does not include—
(i) the cash value of any food concession ;
(ii) any dearness allowance (that is to say, all cash payments by whatever name called paid to an employee on account of a rise in the cost of living), house-rent allowance, overtime allowance, bonus, commission or any other similar allowance payable to the employee in respect of his employment or of work done in such employment;
(iii) any presents made by the employer;
(c) "contribution" means a contribution payable in respect of a member under a Scheme [or the contribution payable in respect of an employee to whom the Insurance Scheme applies];
(d) "controlled industry" means any industry the control of which by the Union has been declared by a Central Act to be expedient in the public interest;
[(e) "employer" means—
(i) in relation to an establishment which is a factory, the owner or occupier of the factory, including the agent of such owner or occupier, the legal representative of a deceased owner or occupier and, where a person has been named as a manager of the factory under clause (f) of sub-section (1) of section 7 of the Factories Act, 1948 (63 of 1948), the person so named; and
(ii) in relation to any other establishment, the person who, or the authority which, has the ultimate control over the affairs of the establishment, and where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent;]
(f) "employee" means any person who is employed for wages in any kind of work, manual or otherwise, in or in connection with the work of [an establishment], and who gets his wages directly or indirectly from the employer, [and includes any person—
(i) employed by or through a contractor in or in connection with the work of the establishment;
(ii) engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961), or under the standing orders of the establishment;]
[(ff) "exempted employee" means an employee to whom a Scheme [or the Insurance Scheme, as the case may be,] would, but for the exemption granted under [***] section 17 have. applied;
(fff) "exempted [establishment"] means [an establishment] in respect of which an exemption has been granted under section 17 from the operation of all or any of the provisions of any Scheme [or the Insurance Scheme, as the case may be,] whether such exemption has been granted to the [establishment] as such or to any person or class of persons employed therein;]
(g) "factory" means any premises, including the precincts thereof, in any part of which a manufacturing process is being carried on or is ordinarily so carried on, whether with the aid of power or without the aid of power;
(gg) [ Omitted by the Employees' Provident Funds and Miscellaneous Provisions (Amendment) Act, 1996, w.r.e.f. 16-11-1995.]
(ggg) [ Omitted by the Employees' Provident Funds and Miscellaneous Provisions (Amendment) Act, 1996, w.r.e.f. 16-11-1995.]
(h) "Fund" means the provident fund established under a Scheme;
(i) "industry" means any industry specified in Schedule I, and includes any other industry added to the Schedule by notification under section 4;
[(ia) "Insurance Fund" means the Deposit-linked Insurance Fund established under sub-section (2) of section 6C;]
(ib) "Insurance Scheme" means the Employees' Deposit-linked Insurance Scheme framed under sub-section (1) of section 6C;]
[ [ (ic)] "manufacture" or "manufacturing process" means any process for making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal;]
(j) "member" means a member of the Fund;
(k) "occupier of a factory" means the person who has ultimate control over the affairs of the factory, and, where the said affairs are entrusted to a managing agent, such agent shall be deemed to be the occupier of the factory;
[(ka) "Pension Fund" means the Employees' Pension Fund established under sub-section (2) of section 6A;
(kb) "Pension Scheme" 'means the Employees' Pension Scheme framed under sub-section (1) of section 6A;]
[ *(kc) "prescribed" means prescribed by rules made under this Act;
* (kd) "Recovery Officer" means any officer of the Central Government, State Government or the Board of Trustees constituted under section 5A, who may be authorised by the Central Government, by notification in the Official Gazette, to exercise the powers of a Recovery Officer under this Act;]
[(l) "Scheme" means the Employees' Provident Fund Scheme framed under section 5;]
[(ll) "superannuation", in relation to an employee, who is the member of the Pension Scheme means the attainment, by the said employee, of the age of fifty-eight years;]
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- Section 1 Short title, extent and application
- Section 2 Definitions
- Section 2A [Establishment to include all departments and branches.
- Section 3 [Power to apply Act to an establishment which has a common provident fund with another establishment
- Section 4 Power to add to Schedule I.
- Section 5 Employees' Provident Fund Schemes
- Section 5A [Central Board.
- Section 5AA [Executive Committee.
- Section 5B [State Board.
- Section 5C Board of Trustees to be body corporate.
- Section 5D Appointment of officers.
- Section 5DD 50 [Acts and proceedings of the Central Board or its Executive Committee or the State Board not to be invalidated on certain grounds.
- Section 5E [Delegation.
- Section 6 Contributions and matters which may be provided for in Schemes.
- Section 6A Employees Pension Scheme
- Section 6B Employees Deposit-linked Insurance Scheme.
- Section 6C Laying of schemes before Parliament.
- Section 7 Modification of Scheme.
- Section 7A [Determination of moneys due from employers.
- Section 7B [Review of orders passed under section 7A.
- Section 7C Determination of escaped amount.
- Section 7D 1[Tribunal.
- Section 7E
- Section 7F
- Section 7G
- Section 7H
- Section 7I Appeals to Tribunal.
- Section 7J Procedure of Tribunals.
- Section 7K Right of appellant to take assistance of legal practitioner and of Government, etc. to appoint presenting officers.
- Section 7L Orders of Tribunal
- Section 7M
- Section 7N
- Section 7O Deposit of amount due, on filing appeal.
- Section 7P Transfer of certain applications to Tribunals.
- Section 7Q Interest payable by the employer
- Section 8 Mode of recovery of moneys due from employers.
- Section 8A [Recovery of monies by employers and contractors.
- Section 8 B [Issue of certificate to the Recovery Officer.
- Section 8 C Recovery Officer to whom certificate is to be forwarded.
- Section 8 D Validity of certificate and amendment thereof.
- Section 8 E Stay of proceedings under certificate and amendment or withdrawal thereof.
- Section 8 F Other modes of recovery.
- Section 8 G Application of certain provisions of Income-tax Act.
- Section 9 Fund to be recognised under Act XI of 1922.
- Section 10 Protection against attachment.
- Section 11 Priority of payment of contributions over other debts.
- Section 12 3 [Employer not to reduce wages, etc.
- Section 13 Inspectors.
- Section 14 Penalties.
- Section 14A [Offences by companies.
- Section 14 AA Enhanced punishment in certain cases after previous conviction.
- Section 14AB Certain offences to be cognizable.
- Section 14 AC Cognizance and trial of offences.
- Section 14B [Power to recover damages.
- Section 14 C Power of court to make orders.
- Section 15 Special provisions relating to existing provident funds.
- Section 16 Act not to apply to certain 54a [establishments].
- Section 16A [Authorising certain employers to maintain provident fund accounts.
- Section 17 [Power to exempt.
- Section 17A Transfer of accounts.
- Section 17AA [Act to have effect notwithstanding anything contained in Act 31 of 1956.
- Section 17B [Liability in case of transfer of establishment.
- Section 18 [Protection of action taken in good faith.
- Section 18A Authorities and inspector to be public servant.
- Section 19 [Delegation of powers.
- Section 20 [Power of Central Government to give directions.
- Section 21 Power to make rules.
- Section 22 Power to remove difficulties.
- Section SCHEDULE I
- Section SCHEDULE II
- Section SCHEDULE III
- Section SCHEDULE IV