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READING MATERIAL
Study Guide
on
Employees’ Provident Funds & Miscellaneous Provisions Act, 1952
Employees’ Provident Funds Scheme, 1952
Employees’ Pension Scheme, 1995
Employees’ Deposit Linked Insurance Scheme, 1976
MISSION
SOCIAL SECURITY
E.P.F.O.
In the forefront of change in delivery of publicly managed service
FOREWARD
Employees’ Provident Funds & Misc. Provisions Act, 1952 and the Schemes framed there under provide
various benefits like contributory P.F., Pension & Insurance as a measure of Social Security to the
employees working in factories engaged in specified Industries & other Establishments to help them
during their old age and in the case of permanent incapacitation and their families in the case of death
of the employee. It provides financial security to the members / family/ dependents of a diseases
employee.
In the present era of unprecedented change triggered by economic reforms and globalization, EPFO is
endeavoring to reposition itself and align with the changing business environment. NATRSS and its
Zonal Training Institutes are re-activating and re-inventing their roles to enable Employees’ Provident
Fund Organization reposition itself to meet the ever increasing aspirations and demands from the
stockholders.
In this back-ground Dr. Syama Prasad Mookerjee Institute of Social Security Administration
(SPMISSA), Zonal Training Institute, North Zone, Faridabad has decided to organize a two-day
workshop on the Employees’ Provident Funds & Misc. Provisions Act, 1952 and Schemes on 27th &
28th September, 2007 to explain / educate the employers, about the salient provisions of the Act &
Schemes framed thereunder.
In the workshop, focus will be laid on practical exercises about calculation of various benefits available
under the EPF Scheme, 1952, EDLI Scheme, 1976 and EPS-95, which would enable the participants to
pass on this knowledge amongst their employees.
In order to remove basic doubts of the participants on the benefits of PF, Pension and Insurance
Scheme, a separate chapter on Frequently Asked Questions (FAQs) giving clarifications on the
probable doubts has been included. The course material also includes specimen of various returns and
forms to be submitted by the employers, conditions for grant of exemption etc. Employees’ Pension
Scheme-95 provisions have also been explained in detail.
It is felt that this booklet will have value addition to the participants and would always act as a handy
guide and reference book for them
(S. A. A. Abbasi)
REGIONAL P.F. COMMISSIONER-I
Faridabad
18th December 2007
CONTENTS
SUBJECT Page
No.
I. TO WHOM THE EPF & MP ACT, 1952 APPLIES? 1-3
II. EXEMPTION 4
III WHAT EMPLOYEES SHOULD KNOW
.
1. Know your Provident Fund 5-6
2. Who is eligible to become a PF Member? 7-8
3. Bill of Rights of Employees 9
4. Benefits to Members
Benefits under EPF Scheme 1952 10
i. (Final Settlement, Advances/Withdrawls)
Supplementary Material :
Compact Disc containing soft copies of all claim forms and
statutory returns’ proformae in both Pre-BPR and
Post-BPR scenario is being enclosed with this booklet .
EMPLOYEES’ PROVIDENT FUND ORGANISATION
The Employees’ Provident Fund Organisation is a statutory body under the Ministry of Labour,
Government of India, New Delhi. It administers Social Security Schemes framed under the Employees’
Provident Funds & Miscellaneous Provisions Act, 1952 (Central Act) namely Provident Fund, Pension and
Insurance to industrial employees. These benefits are extended to all the establishments which employ 20
persons.
2. The Employees’ Provident Fund Organisation is an All India Organisation having its offices in all
state capitals, cities, towns and districts with its headquarters at New Delhi. It is administered by the
Central Board of Trustees – Employees’ Provident Fund comprising representatives from employees,
employers and the Central/State Government. At state level, a Regional Committee overseas the
compliance and service delivery.
3. The Employees’ Provident Fund is made applicable to an employee from the date of his joining the
establishment and recovers contribution at the rate of 12% of basic wages and the dearness allowance and
the employer also gives his matching share. Every member of Provident Fund is automatically governed
by Pension and Insurance Schemes. Similar to government employees, the industrial employees are also
eligible to avail the monthly pension after their superannuation and family pension in case of their death.
In case of death of a Provident Fund member, while in service, apart from his own savings under
Employees’ Provident Fund along with interest, the family is eligible for an insurance cover upto a ceiling
of Rs.60,000/-. During life time, a member can avail withdrawals from his Provident Fund for Housing,
Marriage, and Illness etc. The industrial employees numbering around 3.9 crores serving in 3.6 lakhs
establishments are covered by these benefits.
4. The bankers of the Employees’ Provident Fund Organisation is the State Bank of India. It collects
the EPF dues from employers through all its branches and also acting as portfolio manager for the
investment of EPF monies. To meet the administration cost, the Employees’ Provident Fund Organisation
levies administrative charges from employers. To realize the dues from defaulting establishments,
stringent penal provisions are enforced by Regional Provident Fund Commissioners.
5. The Employees’ Provident Fund Organisation, to develop the human resources has set up its own
Training and Research Wing known as National Academy for Training & Research in Social Security
(NATRSS). It imparts training to its own officers and staff and also to its valuable clients namely
employees and employers. This Academy has its units in all the four zones of the Organisation. A
systematic quality training is being imparted thereby the skill of the officers and staff is being improved in
administering the Social Security Schemes.
6. Employees’ Provident Fund Organisation has embarked for a modernization plan of Re-inventing
EPF India through Business Process Re-engineering. This approach will benefit the employees, employers
and the Employees’ Provident Fund Organisation in providing the world class service to all its clients.
Currently as part of the said project, the EPFO has started allotting National Social Security Number
(NSSN) to all the EPF Members which will ensure unique identity to them.
(1) The Employees’ Provident Funds & Miscellaneous Provisions Act, 1952, is
applicable to –
All establishments/Factories; included in the list of notified Industries and
class of establishments. The minimum number of persons employed should
be 20.
The Central Government after giving two months notice is empowered to
apply the act to any establishment employing less than 20 persons, by
notification in the official gazette.
‘Person’ includes regular, casual, piece rated, part time, temporary and
contract employees, etc.
The Provident Fund Act will come into force in an establishment from the
very date of set up or commencement of business excepting certain class of
establishments specified excluded under Section 16 of the Act.
It is the duty of an employer to seek registration under the Provident Fund
Act from the nearest Provident Fund Office.
If the Provident Fund Act is not made applicable to an eligible establishment,
any person may inform the name of such establishment and its location to
the nearest Provident Fund Office.
Departments or branches of an establishment whether situated in the same
place or different places shall be treated as parts of the same establishment
for coverage under the Act.
The Act once applied will continue to apply to the establishment even if the
number of employees fall less than 20 after coverage.
The Employees’ Provident Fund Act is applicable to the cinema theatres
employing 5 or more workers.
Requirements:
(i) The employer and the majority of employees should give their
willingness in writing, and the application should be forwarded to the
Regional Provident Fund Commissioner concerned. The application
form can be obtained from any Employees’ Provident Fund Office.
(ii) Request for application of the Act should be from a prospective date.
The Account No. assigned to a member is important for all transactions with the
Employees’ Provident Fund Organisation. All correspondence with the Provident Fund
Office should necessarily bear the Code No. of the Establishment and/or the Account
number of an employee, as the case may be.
Whenever a member visits the Provident Fund Office, he should furnish his PF
Account Number and Establishment Code Number. This will help the Employees’
Provident Fund Organisation to give prompt and speedy service.
On changing the employment, the employee will be given a fresh account number.
It is the duty of the employer to communicate the Provident Fund Account number to the
employees.
EXEMPTION
An individual member and a class of employees may also seek exemption from the
Employees’ Provident Funds Scheme, 1952 if he/they desire(s) to join the private
Provident Fund scheme of the establishments. Similar provision is also available under
Employees’ Deposit Linked Insurance Scheme, 1976. However, no individual and class of
employees can avail exemption from the Employees Pension Scheme, 1995.
The provisions of the ‘Act’ will continue to apply to exempted establishments, as the
exemption is granted from the operation of Scheme/s only.
Provident Fund:
Employees’ Provident Fund is set up under the Central Act viz. Employees’
Provident Funds & Miscellaneous Provisions Act, 1952, in the year 1952.
It is applicable throughout the country (except Jammu & Kashmir).
It is applicable to almost all establishments falling under the industries/class of
establishments, wherein 20 persons are employed.
In the case of cinema theatres workers, it is applicable to such establishments
wherein 5 persons are employed.
Benefits to an employee are provided through the schemes framed under the ‘Act’.
Provident Fund benefits are provided under the Employees’ Provident Funds
Scheme, 1952.
Pension benefits are provided under the Employees’ Pension Scheme, 1995.
Insurance Benefits are provided under the Employees’ Deposit Linked Insurance
Scheme, 1976.
A member of Employees’ Provident Fund is automatically eligible for Pension and
Insurance benefits without paying any additional amount of contribution.
The Provident Fund, Pension and Insurance benefits are protected against
attachment. It cannot be assigned or charged and shall not be liable to attachment
under any decree or order of any court.
Employees’ Provident Fund as also Provident Fund of exempted establishments is
a recognized Provident Fund under the Indian Income Tax Act, 1961.
An employee is eligible to avail the rebate on Income Tax on his Provident Fund
Contributions subject to ceiling prescribed under the Income Tax Act.
Non payment of Employees’ Provident Fund dues by an employer may lead to
recovery action by Regional Provident Fund Commissioners such as Prosecution,
attachment of Bank Account/Property, arrest and detention etc.
Non payment of employees’ contributions recovered from the wages of the
employees would constitute ‘Criminal breach of trust’ punishable under Section
406/409 IPC.
Employees’ Provident Fund dues paid after the due date (20th of the following
month) will result in payment of interest & penalty by the employer.
Employees’ Provident Fund account of an employee can be transferred to any
place in the country.
Employees’ Provident Fund may be withdrawn partially for certain specified
purposes such as housing, marriage, illness, etc.
All Provident Fund Claims of the member are disposed by EPF Offices within 30
days.
Members are given the benefit of filing Nomination for Provident Fund/Pension and
Employees’ Deposit Linked Insurance.
The annual Employees’ Provident Fund balance is informed to every employee by
the Employees’ Provident Fund Office, before 30th September of each year.
The Employees’ Provident Fund Organisation has completed its Golden Jubilee in
the year 2002.
The Employees’ Provident Fund Organisation is marching ahead to achieve its goal
for total computerization and inter connection of all its offices in the country so as to
ensure service delivery within 2-3 days and any where, at any time service and
issue of Social Security No. to all its members.
The employees may go through the following chapters for more details concerning
their eligibility for EPF membership, quantum of contributions, Nature of benefits eligible,
procedure for availing benefits etc.
2. WHO IS ELIGIBLE TO BECOME A PF MEMBER?
A member of Employees’ Provident Fund will retain his membership even after his
leaving from employment until his account is fully settled. He can avail the
advance/withdrawal during the period he is out of employment. The benefit under EDLI
Scheme is admissible only where the member died while in service.
• The membership under EPF shall cease on the day the Provident Fund dues
are authorized for final payment by the Commissioner.
• A Provident Fund member who withdraws his Provident Fund dues and thus
cease his membership under Provident Fund can continue his membership
under Employees’ Pension Scheme, 1995, for availing the pensionary benefit.
• As long as a PF member retains his membership his PF balances will earn
interest.
• There is no time limit for withdrawal of PF amount.
• When a PF member leaves one establishment and joins another establishment
his PF account can be transferred to his new employer with a new account
number.
• A person who joins an establishment, wherein the EPF Scheme 52 is already in
force, should be enrolled as a member of PF, Pension and Insurance Schemes,
from the date of his joining the establishment.
• An individual Provident Fund member can seek exemption from the
membership of Employees’ Provident Fund Scheme, 1952 so as to join the
company’s PF. The member may apply to the Commissioner through the
employer. This facility is available to a class of employees, also.
• Right to membership of PF, Pension and EDLI Schemes for every employee of
covered establishment drawing monthly Basic pay and D.A. upto Rs.6500/-
• To receive Annual Statement of Provident Fund account by 30th September of the
following year.
• To obtain claim form free of cost from any Provident Fund Office.
• To obtain assistance/guidance from Public Relations Officers in filling up of forms.
• To submit claim applications in any office of EPFO and obtain acknowledgement.
• To get Partial Withdrawals settled within a maximum period of 30 days for specified
purposes on its receipt in full shape.
• To get claim of Final Withdrawals settled within 30 days from the date of
submission of claim in full shape.
• To get the accumulations transferred to your new account within 30 days on
change of employment.
• To execute nomination for receiving provident fund accumulations/pension.
• To register grievance and get redressal.
• To approach officer-in-charge of any office for redressal of grievance without prior
appointment.
• To receive guaranteed monthly payment of pension even in case of non- payment
of dues by employer.
• To receive provident fund dues from Special Reserve Fund:
(1) The Rate of contributions payable under the three Schemes (with effect from 22-9-
97.) are as under:-
* 10 % In case of certain establishments (Jute, Beedi, Bricks, Coir industry, Gaur gum
industries) and also to any establishment which employs less than 20 persons.
(2) Example: Method of calculating Provident Fund Contribution from the Monthly
salary.
Employees’ Salary =
Basic DA HRA City Conveyance Total
wages allowance etc.
4000 2000 500 100 200 6900
Contribution Admn.
Share Wages Charges
(Basic+DA) Provident Pension EDLI* PF EDLI**
Rs. Fund Rs. Fund Rs. Rs. Rs. Rs.
Employee’s 6000 720 --- --- --- ---
Employer’s --- 220 500 30 66 2
(720-500) (Minim
um)
940 500 30 66 2
Total (EPF Scheme, (Pension (EDLI
1952) Scheme,1995) Scheme, 76)
* The EDLI contribution and administration charges under EPF/EDLI are payable on
the aggregate wages (Basic + DA including cash value of food concession and retaining
allowances, if any, of all the employees.
** The contribution under EDLI Scheme is not required to be reflected individual wise
in the contribution card in Form 3A
In case where such deduction has been omitted to be made due to clerical or
accidental mistake, the employer may deduct it from the subsequent wages with the
written consent of the Enforcement Officer. ‘Wages’ means Basic wages, Dearness
Allowance including cash value of food concession and Retaining Allowance if any.
(5) A member is required to contribute compulsorily upto Rs.6,500/- of his wages and
he may voluntarily opt to contribute beyond the wage ceiling of Rs.6,500/- (i.e. upto his
‘wages’) In such cases, an employer is not required to pay his own share of contribution
above the wage ceiling of Rs.6,500/-. During the course of membership, if the ‘wages’
(Basic + Dearness Allowance including cash value of food concession and Retaining
allowances) has crossed Rs.6,500/-, the member and employer are required to pay
Provident Fund Contribution upto Rs.6,500/- only. In such cases the member cannot be
treated as “excluded employee”.
(6) If an employee is willing, he can also contribute to the fund in excess of the
statutory limit of 10% or 12% of his wages, as the case may be. The employer need not
pay in excess of the statutory limit. In Form 3A, the rate at which employees’ share of
Provident Fund contribution was recovered should be indicated by the employer.
(7) There is no separate contribution payable to the Pension Fund. The contribution
towards Pension Fund is diverted from the employer’s share of EPF contribution at the
rate of 8.33% of the wages.
(8) An employee need not contribute under EDLI Scheme, 1976. The employer alone
is required to pay the contribution.
(9) The employer’s share of Provident Fund contribution should not be deducted from
the wage of a member or recovered from the member.
(10) The Provident Fund contribution of contract employees and the matching
contribution representing the employers share shall be payable by the contractor to the
principal employer, every month.
(11) The recovery of Provident Fund contribution will arise, only where the ‘wages’ are
payable to an employee in a month. As such no employee can pay Provident Fund
contributions when he is not drawing wages or during out of employment period.
A member of the EPF can avail the advance/withdrawal during the period of his
membership, whether in employment or not, for the following purposes:-
(1) For financing Insurance policy (Please see the important note given in the
relevant para)
(2) For Housing (purchase of site, house, flat, and construction,
addition/alteration of house and repayment of housing loans).
(3) Financial assistance- on dismissal ,discharge, retrenchment and closure/lock
out.
(4) For illness of the member/family member.
(5) For marriage and post matriculation education.
(6) To meet the loss of property due to natural calamity.
(7) Loss in wages due to power-cut.
(8) Purchase of Equipment for physically handicapped.
(9) To withdraw the Provident Fund one year before retirement.
Para To pay annual 1. Service- 2 years and above. Annual Premium deducted (See note below)
No.62 premium for 2. Policy to be assigned in from Members Provident Fund
(Form members LIC favour of the C.BT. Account.
14) Policy 3. Nominee for the EPF& LIC
must be identical.
Important Note: In the interest of the EPF members, it is advised that the members may avoid taking a LIC Policy and paying annual premium
withdrawing from their PF account. The withdrawal from PF is not only reducing your PF balances but also deprives your family the full quantum of
insurance benefit payable, in case of premature death of an employee, under the EDLI Scheme,1976,for which you are entitled without paying any
contribution. Further, after the introduction of pension scheme the family is protected, from the date of death of a Provident Fund member.
Considering these aspects, PF members may desist taking a LIC policy with a view to finance from his PF account.
68-B For purchase 1. Membership – 5 years. 1. Amount available in Provident Declaration signed by the
(Form of a Dwelling 2. Minimum balance in Fund account (Both shares) or member and employer
31) site Employees share Rs.1000 2. Cost of site or alongwith Form 31.
3. Property should be free from 3. 24 months basic wages +D.A.,
encumbrances. Whichever is the least.
4. No second advance is
allowed.
68B For the 1. Membership – 5 years. 1. 36 months Basic wages + DA or Declaration signed by the
purchase of 2. Minimum balance in 2. amount available in Provident member and employer
dwelling Employees share Rs.1000 Fund account (Both shares) or alongwith Form 31.
House or 3. Property should be free from 3. Cost of house/construction –
ready built encumbrances Whichever is the least.
flat/constructio No second advance is allowed.
n of dwelling
House.
68-B(7) For additions/ 1. PF membership- 5 years 1. Cost of additions, etc. Declaration signed by the
substantial 2. Minimum balance in 2. Employees’ own share, with member and employer
alterations, Employees’ share Rs.1000 interest. alongwith Form 31.
improvements 3. After 5 years from the 3. 12 months Basic wages + DA
to the House. completion of the house. Whichever is the least.
68-H(1) Closure/Lock 1. Entire factory must remain Member’s own share of contributions
out of factory closed for more than 15 days. with interest.
or where an 2. Employees must be
employee not unemployed. One or more (non-recoverable)
in receipt of 3. No compensation is paid. advance.
pay for more 4. Reason for closure/ non-
than 2 receipt of wages must be other
months. than the strike.
(Non-recoverable
Advance)
68-H(2) Closure/ 1. Period of closure must be 1. 100% of the amount to the credit --
Lockout of more than six months. of employers share. One or more
factory 2. After availing the full recoverable advance is
(Recoverable employees’ share. admissible.
Advance) 3. Employee must be 2. If the period of closure exceeds
unemployed more than 5 years it can be
4. No compensation paid. converted into non-refundable
advance.
68-H To help the 1. Dismissal/ discharge/ 50% of the Member’s own share of Copy of the affidavit filed in
(1A) PF member retrenchment order should contributions with interest. the court with the case
dismissed/ have been challenged in a One or more non-recoverable Number of the Court.
discharged/ court of Law and pending. advance is admissible.
retrenched. (Non-recoverable Advance)
Para 68- For illness 1. Hospitalization for one month 1. Member’s own share of 1. Employers’ certificate on
J i) for Member or more or contributions with interest. or non-availability of ESI
(Form 2. Major surgical operation or 2. Cost of the treatment/ benefits or ESI
31) 3. Treatment of T.B. leprosy, Hospitalization/ surgical operation. authority’s certificate.
paralysis, Heart ailment, Or 2. Medical certificate
Mental derangement etc. 3. Amount requested by the member. from the Doctor of a
(ii) for family Hospitalization for 1 month or or Hospital in support of
more is necessary for the 4. 6 months Basic wages + DA, illness and hospitalization
purpose of 2 & 3 above. Whichever is the least. (as given in the Form 31)
Para 68- (a) For the 1. 7 years membership in the 1. 50% of the employee’s own share (a) No documentary proof is
K marriage of Fund of contributions with interest required.
(Form self/ daughter/ 2. Members’ own share of 2. amount asked for by the member, (b) Certificate/Fee Receipt
31) son/ sister/ contributions must not be less -- from the educational
brother. Or than one Thousand Rupees. Whichever is less. institute.
(b) For post 3. Maximum 3 advances are
matriculation allowed during the entire
education of period of service.
the son or 4. Application should reach the
daughter office before the date of
marriage.
68-L Loss of 1. Member’s movable or immovable 1. 50% of own share of contributions Copy of the State Government
(Form 31) Property due to property should have been including interest thereon; or notification.
flood, damaged. 2. Amount required by the member; or
earthquake 2. State Govt. must notify the area 3. Rs.5000, whichever is the least.
and riot. as calamity hit area.
3. Application should be submitted
within 4 months from the date of
Notification.
68-M Advance to 1. Cut in the supply of electricity of 1. One month wages; or Employer’s certificate in the
(Form 31) members the Factory. 2. Member’s own share of contributions Form 31.
affected by 2. Wages paid must be 75% or less. with interest thereon; or
Power cut. 3. Reduction in wages must be due 3. Rs.300/-
to power cut. Whichever is the least.
4. State Govt. must notify the
enforcement of power cut in that
area.
Only one advance is admissible.
68-N Purchase of Doctor should certify that the 1. Member’s own share of contributions Doctor’s certificate certifying
(Form 31) equipment by member is physically handicapped. with interest. the expenditure involved for
handicapped. 2. Cost of equipment the purchase of the required
3. Member’s Basic wages + DA for 6 equipment.
months.
4. Amount requested by the member.
Whichever is the least.
(No second advance within 3 years)
68-NN Withdrawal 1. After attaining the age of 54 Upto 90% of the amount standing to the Employer’s certificate on date
(Form 31) within one year years by the member. or credit of the Member. of retirement etc.
before the 2. Within one year before his actual
retirement. retirement on superannuation,
whichever is later.
68-NNN Withdrawal 1. Any time after attaining the age Upto 90% of the amount standing to the -----
(Form 31) after attaining of 55 years by the member credit of the Member can be transferred
the age of 55 to the LIC for investment in “Varishtha
years Pension Bima Yojana”.
On leaving an employment :
On death of a member.
If both nominee and ‘family’ members are not applicable the legal heir
is eligible to claim the Provident Fund dues of the deceased member.
Who can claim the benefits under the Employees’ Pension Scheme, 1995?
On Death of a member
Category Occurrence Service Age Benefit
of death
1 Death while Paid at least Below 58 Monthly Pension to the
in service one months’ years on Family (spouse and
contribution the date of children).
for the death Where no eligible family
service (spouse and children
rendered below 25 years), Family
during a Pension to Nominee for
month life.
Where no family or no
nominee, Family
Pension to Dependent
parents. Minimum
Pension Rs.450/-.
2 Death after 10 years Below 58 Monthly Pension to the
leaving the years of Family (spouse and
service age children).
(where the Where no eligible family
membership (spouse and children
is retained) below 25 years), Family
Pension to Nominee for
life.
Where no family or no
nominee, Family
Pension to Dependent
parents. Minimum
Pension Rs.450/-.
3 Death after Below 10 Below 58 Family Pension to
leaving the years years of widow/widower/children.
service age If there is no family
(where the member, one time
membership benefit of Return of
is retained) Capital is payable to
Nominee or Dependent
Parents.
4 Death while Not relevant Not relevant Family Pension to only
receiving spouse and children
Pension (below 25 years)
(nominee and
Dependent parents are
not eligible)
A note of caution: In the interest of the members of their family, it is not desirable
to avail the withdrawal benefit; instead the member may avail the Scheme Certificate
which will enable the family to receive family pension in case of his death before
attaining the age of 58 years. On contrary, on his survival upto 58 years he will be
given the withdrawal benefit, on exit from the membership of Employees’ Pension
Scheme, 1995.
A member who is eligible to claim Monthly Pension is also eligible to avail the
benefit of commutation. For this purpose, he has to forego upto 1/3rd of the pension
amount and in lieu thereof, he will get 100 times of the amount so commuted. This
will be given only on a specific option mentioned in the application form.
Return of Capital
Option 1. Member – Pensioner will draw 90% of his original monthly pension,;
On the death of the pensioner, the nominee will get 100 times of the original
Monthly Pension.
On his death, widow will draw 80% of the original Monthly Pension (This is in
addition to the normal widow pension).
On death of the widow/remarriage, the nominee will receive 90 times of the
original monthly pension.
26
Claiming of Pension.
A member or the beneficiary can claim Pension through an application
in Form 10D in the following cases.
1. On total and permanent incapacity (100% disablement) (without
any restriction of service period).
2. On attaining the age of 58 years with eligible service of 10
years.
3. After rendering 10 years service and on leaving the service
between 50-57 years. (Reduced Pension can be opted).
4. In case of death of a member while in service or away from
service, the eligible family members/nominee/Dependant
parents for availing family pension.
5. The Form 10D should be forwarded only through the employer
(except in the case of closed establishment)alongwith the
documents mentioned. The age of the children should be
supported by the school certificate or any valid document.
6. To claim the family pension, the widow/widower may submit
only one application on his/her behalf and on behalf of two
children. Pension once sanctioned will automatically be passed
on to all the eligible beneficiaries, as indicated in the Pension
Payment Order.
7. On grant of Pension, the member will be informed. He may
collect his copy of Pension Payment Order from the disbursing
agency (Bank/Post Office).
PENSION IS GUARANTEED.
DISBURSED ON FIRST OF EVERY
MONTH.
28
If opted for payment by deposit into the Bank, the cheque will be sent
direct to the bank concerned under intimation to the claimant. The
Organisation is also making payment through Electronic Clearance System,
wherever the facility is available so as to expedite the crediting of the amount
into the member’s account.
Payment of Pension:
The pensioners are required to submit their Life Certificate and Non
Re-marriage Certificate to the bank concerned in the month of November
every year for continued drawal of pension. Failure to submit this will result in
stoppage of Pension.
In the case of nomination for pension it may be noted that the family
pension is automatically payable to the family (i.e.) Widow or Widower along
with two children (below 25 years). As such, as long as the family members
survive as on the date of death of the member the pension is payable to them
only and the nomination will have no effect.
The dependant parents will be eligible for pension only where there is
no eligible family member or nominee.
34
The Employer shall distribute the same to the respective members, get
acknowledgements for the same from each member and keep the
acknowledgement with him, duly intimating the position to the Regional
Provident Fund Commissioner.
The employer should indicate the period of non contributory service for
which no wages received in the Form 3A which will be kept on record.
FORM 23
Account No. Name The Employees’ Provident Fund Scheme, 1952
Subscriber’s Annual statement of accounts for the year ------
Interest Rate ----------
Opening Balance Interest during Contribution Refund/ Withdrawals Closing balance
The year during the year With- during the
drawal year
Employee’s Employer’s Employee’s Employer’s Employee’s Employer’s Employee’s Employer’s
Pension Fund: Non-Contributory period: O.B.: Days Current Year days C.B days
Chapter !V
• Obtain the Nomination in Form – 2(R) from the member and forward it
alongwith Form – 5.
• Furnish the details of employees leaving your service, before 15th of every
month through Form – 10 alongwith the contribution card in Form – 3A.
Note : The Points given below are in addition to common points such as attestation,
Form 3A, mode of Payment, completion of form etc., as given in the checklist for
claims in Form 19.
3) Whether the claim has been preferred by the nomine(s) as per the nomination
Form 2 as Executed by the deceased member.
4) In case the member has not executed any valid nomination during his life time,
ensure that the claim is preferred by eligible member(s) of the family or
eligible legal heir of the member, as the case may be. (In such case, a list of
members of the family duly certified by the employer or the Revenue official
or an affidavit by the family members sworn before a Notary Public should be
enclosed).
5) In case, the parents of the deceased member are included in the list of family
members, whether or not the parents were dependent on the member is to be
specified.
6) In case of the claims preferred by any person other than natural guardian on
behalf of the minor member/nominees/legal heirs, ensure that the required
Guardianship certificate etc. are enclosed.
7) Whether the age and marital status of the family members/Legal heirs are
furnished as on the date of death of the member and NOT on the date of the
claim.
41
14) Separate Savings Bank Account for the minor children may also be opened in
the same branch at which the Savings Bank Account opened to the
widow/widower.
2. Whether the particulars are written clearly without any overwriting or cutting.
Correction, if any, is attested.
3. Whether the previous employment particulars such as name, address and code
number and the account number of the member are correctly furnished.
5. This form should be submitted by the member to the present employer for
onward transmission to the RPFC by whom the transfer is to be effected.
2. Whether the particulars are written clearly without any overwriting or cutting.
Correction, if any, is attested.
3. For the non-refundable withdrawal under Para 68B it should be ensured that
declaration in the prescribed form is furnished. In all cases the employer
should ensure the genuineness of the case before forwarding the application. It
should be noted that if the advance granted is misused, the amount of advance
will be recovered together with penal interest.
4. For the withdrawal for repayment of loans under 68 BB, it should be ensured
that the member earlier obtained a loan from a State Government, Cooperative
Society, Housing Board, a Municipal Corporation, or a body similar to Delhi
Development Authority solely for the housing purpose.
7. Whether the medical certificate in proper form obtained from the factory
doctor/designated medical officer/the Registered Medical Practitioner/Hospital
is enclosed. Before forwarding it to the RPFC, the genuineness of the
certificate should be ensured.
8. It should be noted that one month hospitalisation is compulsory in case of the
illness of family members.
10. For marriage purpose certificate regarding advance required to meet the
expenses in connection with the marriage needs to be furnished in the claim
form.
11. In the case of education a certificate from the educational institution regarding
the course of study and the anticipated expenditure needs to be submitted.
12. Before forwarding the applications for the reasons noted under item No10 the
genuineness of the case shall be ensured by the employer.
13. In case of advance for the natural calamity (flood/earthquake/riot) whether the
certificate from an appropriate authority to the effect that the movable or
immovable property has been damaged as a result of the natural calamity and
it should be ensured that the State Government has declared that the calamity
has affected the general public in the area. It is also to be ensured that the
application for advance is made within a period of 4 months from the date of
declaration by the State Government.
14. In the case, affected by cut in electricity it should be certified that the fall in
wages amounting to 25% or more than 25% of the wages in respect of the
member is due to power cut. A certificate from the State Government is also
necessary to the effect that the cut in the supply of electricity was enforced in
that area where the factory is situated.
16. Payment of withdrawal within one year before the retirement. The employer
should ensure that the member has attained the age of 54 years or within one
year before his actual retirement on superannuation, which is later and then the
application is submitted. He should also ensure that the said particulars tally
with the age particulars furnished in Form – 9 or Form – 2.
45
An employer, who –
It is your right to get registration and code number within three days of filing
of an application
It is your right to get the Forms required for filing application/ returns etc.
free of cost from any office of the Employees Provident Fund Organisation.
It is your right to receive courteous and responsive service from any EPF
employee.
5. DUTIES OF EMPLOYER
The Schemes framed under the Act stipulates the duties of Employer vide para
36 of Employees’ Provident Fund Scheme’52, Para 20 of the Employees’ Pension
Scheme’95 and Para 10 of Employees’ Deposit Linked Insurance Scheme’76.
Relevant Para
Sl. Form provisions under
No. Number Purpose Due date EPF, EPS, EDLI
52 95 ,76
To build up a clean
EPFO database of the employers
Business to facilitate the conduct of
1. -- -- --
Number business vis-à-vis the
Form employer more efficiently
in future.
To be furnished by the Immediately on
employer to ascertain the coverage and
particulars of the wherever any
establishment & ownership change in the
of the establishment. This name of the
2. Form-5A
should be updated establishment and 36A 21 10
whenever there is a ownership occurs
change in the name & within 15 days
management of the from such
Establishment. change.
Immediately on
Declaration by a person
Form 11 appointment of
3. taking up employment in a 34 24 10
(Revised) the person in the
covered establishment.
establishment.
Basic Document
containing all details To be submitted
relating to the members within 15 days
Form 9 enrolled into the Provident from the date of
4.
(Revised) Fund Scheme and the receipt of
36 20 10
details of the communication of
establishment. coverage.
Relevant Para
Sl. Form provisions under
No. Number Purpose Due date EPFS, EPS, EDLI
52 95 ,76
7. Form-10 Reflecting the details of Within 15 days of
(Monthly) employees leaving service the following 36 20 10
during the month. month.
Furnishing the details of
Form- wages, contribution and Within 25 days of
8. 12A other charges under the the following 38(2) 20 10
(Monthly) three schemes pertaining to month.
the month.
Furnishing the details of
the wages, contribution and
Form-3A
the period of non
Contributi Before 30th April
9. contributory service
on card of each year. 35 & 42 19 --
pertaining to an employee
(Yearly)
for a period of twelve
months in a financial year.
The dues and remittances
as per Forms 12A should Before 30th April
Form-6A be reconciled in the Form of each year
10. 38(3) 20(4) --
(Yearly) 6A. It shall contain the along with the
consolidated statement of Form.3A.
Form 3A for a year.
The Signature of the
Employer or the official
who has been authorised to
Specimen sign/attest the PF
Along with F-9
Signature documents should be
and immediately
of the lodged with the RPFC in
11. whenever there is 36 -- --
Employer the prescribed ‘specimen
a change
/authorised card’. This should be
official. updated whenever there
is a change in the
authorised signatory.
50
51
Chapter V
•
If your compliant is not redressed at our field office , contact:
Chapter VI
RATE OF INTEREST
2006-07 : 8.5%
2005-06 : 8.5%
2004-05 : 9.5%
2003-04 : 9% + 0.5% Bonus Interest
2002-03 : 9.5%
2001-02 : 9.5%
2000-01 : 11.00%
Chapter VII
Chapter VIII
All claim forms are supplied free of cost in the Employees’ Provident
Fund Organisation- Regional, Sub-Regional, Sub-Accounts Offices and
District Offices.
The above claim forms can also be downloaded from the Employees’
Provident Fund Organisation website: www.epfindia.com.
Chapter IX
EPF MEMBERSHIP
The employees who are drawing the basic wages and dearness
allowance upto Rs.6,500/- are alone eligible to become a member. He
will continue to be a member even when his pay exceeds Rs.6,500/-.
However, his contribution to the Fund will be restricted to Rs.6,500/-.
The employer is also required to pay his matching contribution upto
Rs.6,500/-.
59
Yes.
No option.
60
Not permissible.
17. How the period of non employment between two spells of employment
is treated under EPF?
Non employment period is not affecting the EPF but affects the
service for the purpose of Pension.
18. What will happen for the EPF membership of an employee during the
period of closure, lock-out, strike etc.?
No.
20. Whether an employee can continue his EPF membership after leaving
the employment?
Yes.
No.
If the employer of the Security Guard has been brought under the
Act, the membership will be given through him, irrespective of his
place of work.
No.
27. How long a member can retain his Provident Fund in his account?
PF CONTRIBUTIONS
30. Whether a daily rated employee or the piece rated employee can
become a member of the EPF?
32. Whether the member is entitled for full interest on the belated deposit
of PF dues by the employer?
After realising the dues, the PF members will be given full interest
for each due month and it will no way affect the interest due to
members on the contributions paid.
Yes.
34. Can an employee contribute to the EPF after leaving the service?
35. The contribution has been recovered from the wages of the employee
but the employer had not paid to the EPF. What is the remedy?
The Provident Fund dues of the member will be paid only to the
extent the amount is realised from the employer.
37. Whether an employer can recover any outstanding dues from the PF
amount payable to a member?
38. What are the measures by which the PF amount is recovered from a
defaulting employer?
40. Whether the P.F. amount credited to the member can be attached
against any liability?
Yes.
42. In the case of non payment of PF dues by the employer, how the P.F.
members are paid their dues?
43. When wages are not collected by the member whether the PF can be
deducted or not?
44. Can a member pay contribution in excess of the statutory rate of 12%?
45. Can a member demand for showing the recovery of contributions from
the employer?
64
46. How the contract employees are protected and given their P.F. when
the contractor is not paying the dues to the principal employer?
47. Can a member refuse to part with the payment of contribution to the
Pension Fund?
NOMINATION FACILITY
51. Whether the nominee given for pension is applicable for return of
capital also?
PENSION SCHEME
55. What are the benefits of Pension Scheme to an employee and his
family?
56. Whether an employee who has not opted for Family Pension Scheme,
1971 can join the Pension Scheme?
Yes. By giving an option and paying the arrear dues from 01-03-
1971 to the current date along with interest.
64. What is the service required for giving pension in case of death of the
member?
67. Can a pensioner opt for commutation and also return of capital?
68. In case the employer has failed to pay the pension contribution
whether any pension is payable or not?
Yes.
70. How the pension of a member who works for different establishment is
determined?
71. When the minimum 10 years of service is required for giving pension to
an employee what is the service required in case of his death in service?
Even with one month’s service (included part of the month) family
pension is payable, in case of death in service.
73. When a member avails reduced pension at the age of 50 can he get
his full pension on attaining 58 years?
68
74. What are the criteria for determining the date of eligibility for early
pension? (Before 58)
The member is required to indicate his option regarding the date
from which he requires early pension in the application form.
76. Can I surrender or sell my full pension for getting a lumpsum payment?
No.
80. When the member has opted for return of capital to be paid after the
death of his spouse, whether any family pension is payable to the spouse?
Yes. The widow is entitled for her normal widow pension (50% of
the pension), and in addition, in lieu of ‘Return in Capital’ she is
entitled 80% of the original pension.
83. What will be the effect of unemployment period under the Pension
Scheme?
85. In the absence of family members and also nominee to whom the
pension is payable?
87. Why a pensioner’s widow gets lesser pension when compared to non
pensioner’s widow?
89. In case the widow or widower remarries, to whom the family pension is
payable?
90. What is the period upto which pension is payable to the widow or
widower?
For life.
91. When a member is having children through his first and second wife,
how the eligibility for children pension is determined?
Yes.
93. Can the widow and children draw pension in different places/banks?
No.
96. When and to whom the pensioner is to give a life and non-remarriage
certificate?
98. Whether the Orphan Children are eligible for double Orphan Pension
where both the parents were making contributions under Employees’
Pension Scheme, 1995?
EDLI SCHEME
103. In case the PF amount is not settled within 30 days to whom the
matter is to be reported?
104. Is there any time limit for withdrawal of Provident Fund dues?
105. When the employer is not attesting the claim form how to submit
the application for withdrawal of provident fund?
106. What is the time limit fixed for disposal of the application for
advances/settlement?
TRANSFER
INTEREST
112. Is the P.F. Statement of Accounts is issued only after full payment of
dues by the employer is made for the whole year?
113. Why there is no statement of accounts for pension amount and why
the Pension contributions are not shown/reflected in P.F. Annual
Statement of Accounts.
114. Whether provident fund provides for any refundable loan for Housing
etc.?
No.
MODE OF PAYMENT
115. Can a member withdraw the entire amount through money order?
Chapter 22
Furnish all information correct, complete and legibly in the NSSN Form.
EPF MEMBERSHIP
The employees who are drawing the basic wages and dearness
allowance upto Rs.6,500/- are alone eligible to become a member. He
will continue to be a member even when his pay exceeds Rs.6,500/-.
However, his contribution to the Fund will be restricted to Rs.6,500/-.
The employer is also required to pay his matching contribution upto
Rs.6,500/-.
Yes.
79
No option.
Not permissible.
17. How the period of non employment between two spells of employment
is treated under EPF?
Non employment period is not affecting the EPF but affects the
service for the purpose of Pension.
18. What will happen for the EPF membership of an employee during the
period of closure, lock-out, strike etc.?
No.
20. Whether an employee can continue his EPF membership after leaving
the employment?
Yes.
No.
80
If the employer of the Security Guard has been brought under the
Act, the membership will be given through him, irrespective of his
place of work.
No.
27. How long a member can retain his Provident Fund in his account?
PF CONTRIBUTIONS
30. Whether a daily rated employee or the piece rated employee can
become a member of the EPF?
81
32. Whether the member is entitled for full interest on the belated deposit
of PF dues by the employer?
After realising the dues, the PF members will be given full interest
for each due month and it will no way affect the interest due to
members on the contributions paid.
Yes.
34. Can an employee contribute to the EPF after leaving the service?
35. The contribution has been recovered from the wages of the employee
but the employer had not paid to the EPF. What is the remedy?
The Provident Fund dues of the member will be paid only to the
extent the amount is realised from the employer.
37. Whether an employer can recover any outstanding dues from the PF
amount payable to a member?
38. What are the measures by which the PF amount is recovered from a
defaulting employer?
40. Whether the P.F. amount credited to the member can be attached
against any liability?
Yes.
42. In the case of non payment of PF dues by the employer, how the P.F.
members are paid their dues?
43. When wages are not collected by the member whether the PF can be
deducted or not?
44. Can a member pay contribution in excess of the statutory rate of 12%?
45. Can a member demand for showing the recovery of contributions from
the employer?
83
46. How the contract employees are protected and given their P.F. when
the contractor is not paying the dues to the principal employer?
47. Can a member refuse to part with the payment of contribution to the
Pension Fund?
NOMINATION FACILITY
51. Whether the nominee given for pension is applicable for return of
capital also?
PENSION SCHEME
55. What are the benefits of Pension Scheme to an employee and his
family?
56. Whether an employee who has not opted for Family Pension Scheme,
1971 can join the Pension Scheme?
Yes. By giving an option and paying the arrear dues from 01-03-
1971 to the current date along with interest.
64. What is the service required for giving pension in case of death of the
member?
67. Can a pensioner opt for commutation and also return of capital?
68. In case the employer has failed to pay the pension contribution
whether any pension is payable or not?
Yes.
70. How the pension of a member who works for different establishment is
determined?
71. When the minimum 10 years of service is required for giving pension to
an employee what is the service required in case of his death in service?
Even with one month’s service (included part of the month) family
pension is payable, in case of death in service.
73. When a member avails reduced pension at the age of 50 can he get
his full pension on attaining 58 years?
87
74. What are the criteria for determining the date of eligibility for early
pension? (Before 58)
The member is required to indicate his option regarding the date
from which he requires early pension in the application form.
76. Can I surrender or sell my full pension for getting a lumpsum payment?
No.
80. When the member has opted for return of capital to be paid after the
death of his spouse, whether any family pension is payable to the spouse?
Yes. The widow is entitled for her normal widow pension (50% of
the pension), and in addition, in lieu of ‘Return in Capital’ she is
entitled 80% of the original pension.
83. What will be the effect of unemployment period under the Pension
Scheme?
85. In the absence of family members and also nominee to whom the
pension is payable?
87. Why a pensioner’s widow gets lesser pension when compared to non
pensioner’s widow?
89. In case the widow or widower remarries, to whom the family pension is
payable?
90. What is the period upto which pension is payable to the widow or
widower?
For life.
91. When a member is having children through his first and second wife,
how the eligibility for children pension is determined?
Yes.
93. Can the widow and children draw pension in different places/banks?
No.
96. When and to whom the pensioner is to give a life and non-remarriage
certificate?
98. Whether the Orphan Children are eligible for double Orphan Pension
where both the parents were making contributions under Employees’
Pension Scheme, 1995?
EDLI SCHEME
103. In case the PF amount is not settled within 30 days to whom the
matter is to be reported?
104. Is there any time limit for withdrawal of Provident Fund dues?
105. When the employer is not attesting the claim form how to submit
the application for withdrawal of provident fund?
106. What is the time limit fixed for disposal of the application for
advances/settlement?
TRANSFER
92
INTEREST
112. Is the P.F. Statement of Accounts is issued only after full payment of
dues by the employer is made for the whole year?
113. Why there is no statement of accounts for pension amount and why
the Pension contributions are not shown/reflected in P.F. Annual
Statement of Accounts.
93
114. Whether provident fund provides for any refundable loan for Housing
etc.?
No.
MODE OF PAYMENT
115. Can a member withdraw the entire amount through money order?