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The Employees
Provident
Funds Act, 1952
The Employees Provident Funds Act,
1952
As per Preamble to the Act, the EPF Act is enacted to provide for the institution of
provident funds, pension fund and deposit lined insurance fund for employees in factories and
other establishments.
The Employees Provident Funds & Miscellaneous Provisions Act is a social security
legislation to provide for provident fund, family pension and insurance to employees.
Employee has to pay contribution towards the fund. Employer also pays equal contribution.
The employee gets a lump sum amount when he retires, which will be useful to him after
retirement.
The EPF Act contains basic provisions in respect of applicability, eligibility, damages,
appeals, recovery etc. The three schemes formed by Central Government under the Act
make provisions in respect of those schemes.
Coverage of Act:-
The Act has been extended to
[This diversion is only w.e.f. 16 th November 95. Earlier Employers contribution to their
credit will continue to remain to their credit].
The lower rate of contribution continues till its net worth is positive any other
establishment, which has accumulated loss equal to, or more than its net worth is
positive.
Any other establishment, which has accumulated loss equal to or more than its
assets and has also suffered cash loss in last two years.
Jute Industry, Beedi Industry, Bricke Industry, Coir Industry other than the spinning
sector, Guar gum factories. In theses cases, the contribution is 10%.
Interest on account:-
PF Commissioner shall maintain account of each member of EPF scheme [Para 59 of
Scheme].
Interest is credited to the account of employee. The interest is calculated on monthly
running balance basis.
Amount standing to credit at end of the month is considered for calculation of interest
for the following month.
The interest rate is declared every year by Central Government in consultation with
Central Board of Trustees of Provident Fund [Para 60 of EPF Scheme].
This scheme has bee-introduced w.e.f. 16th November, 95. The Scheme is applicable
to all subscribers of Employees Provident Fund. It is also compulsory to persons, who were
subscribers as on 16th November, 95.
Contribution:-
The employers contribution of 8.33% will be diverted to the fund pension scheme.
Employee does not have to make any contribution.
Employers contribution is 12/10%.
In such cases, 8.33% is diverted to Pension Scheme and balance 1.67/3.67% as the
case may be, will be in credit of employees name in Provident Fund account.
The 8.33% is on maximum salary of Rs. 6,500.
If some employers are paying contribution on salary in excess of Rs. 6,500, the
excess contribution will be credited to Provident Fund account and not to Pension
Scheme.
No separate administration charges or inspection charges are payable, as these are
already paid along with Provident Fund contribution.
Sanjeev Kumar (A.S.O. Executive) 5
aso@cjos.in
sanjeevcjos@gmail.com
EPF
Commutation of pension:-
The member can commute 33.33% of the pension, so as to receive hundred times
the monthly pension so commuted as commuted value of pension. Balance will be
paid on monthly basis.
The purpose of the scheme is to provide life insurance benefits to employees who are
already covered under PF/FPF. The employer has pay contribution equal to 0.50% of the
total wages of employees in addition, administrative charges of 0.01% of total wages.
[Notification no. AO 503(E) dated 28th July 1976 issued u/s 6C (2) of PF Act].
The employee does not contribute any amount to the scheme. The salary limit for
coverage of employees is same as that of Provident Fund.
Exemption from the scheme can be obtained from RPFC if LIC Group Gratuity scheme
is adopted by employer. If exemption is granted, only inspection charges @ 0.005% are
payable to PF authorities.
Contribution Rate
Thus company will bear an additional burden of 13.61% to comply with PF/EPF monthly on
the basic wages for the welfare of our employees.
Check PF of Sub-Contractors:-
Apart from the annual returns in Form 6A, the employer is required to submit Form 12
within 25 days from the close of the month showing the aggregate of recoveries
made. Form 12 contains the name of the subscriber (employee) and the PF account
number.
Form 3A is again an annual statement and will not suffice your purpose.
So you can insist on Form 12 along with the PF challan to track PF compliance by
your sub-contractor.
He should have extended ESI coverage for all his employees (whoever comes under
the purview of the act). You need to get his ESI registration number.
Similarly, PF registration number.
Get a list of companies for whom he is providing this service and try to get opinion
about this contractor from them.
Please understand that it is the responsibility of the Principal employer to take care of
contract workers. Law will penalize you on any non-compliance & you may later on
enter into your contractors shoes, but that is cumbersome.
If you have finalized on that contractor, every month before paying his bill, get a copy
of ESI & PF remitted challan for those employees who are working in your company
and after due diligence, make your payment. Of course, this is an activity of finance.
Yet, if you enter into with a contractor who does not have registration in the above
areas, you end up in problem.
January
Before 15th P.F., P.F. Challan
Before 25th P.F Form 5, 10 & 12A(P.F)
Monthly statutory register daily/end of the month
(Monthly statutory register should be maintained)
February
Same as January month
March
Before 15th P.F., P.F. Challan
Before 25th P.F Form 5, 10 & 12A(P.F)
P.F, P.F. Annual Returns form 6A D & 3A
Monthly statutory register daily/end of the month
(Monthly statutory register should be maintained)
April to December
Same as January month
Statutory Forms
Provident Fund:-
Form 5: Employees qualifying for PF for first time (Month Wise)
Form 10 : Employees leaving the service (Month Wise)
Form 12A: Statement of contribution (Monthly)
Form 3A: Contribution card for specific currency period
(Employee wise)
Form 6A: Annual Statement of contribution (Company Wise)
Declaration: By the employee
Form 2: Nomination and Declaration
Form 19: To be used by a major member of employees
Form 10C: Claiming withdrawal Benefit/Scheme certificate
The PF is total based on the Basic, DA of the Salary of the employee the salary
structure is shown below. But the salary structure must be different from one company to
another company.
I.e. The allocation of the salary slap must be different in different companies. Here we take
one of the example
Particulars Basis Salary Up to Rs. Salary Above Rs. Salary Above 19001
5000/- 5001- 19000
Basic [a] 50% 40% 40%
DA [b] 20% 15% 15%
HRA [c] 15% 20% 20%
Medical [d] 5% 15% -----
Conveyance [e] 5% 8% 10%
Educational Allow. [f] 5% 2% 5%
others [g] -------- ------- 10%
Note: -
MH/PUN/specific codes allotted by the PF Office/inter company number
according to the joining of the employee.
If basic crosses 6500 deducting PF is not mandatory it optional for the
employer. Employer can pay up to Rs. 780/- or 12% if they prefer to.
Note: -
Bank will keep two copes and return to copies as receipt. One of
the above bank receipts is to be attached with EPF monthly return on
Form 12A and to be submitted with office of Regional Provident Fund
commissioner of your area.
Employer: -
Employee Provident Fund 3.67% of monthly basic
EPF A/c Administrative charges 1.1% of monthly basic
Pension Fund 8.33% of monthly basic
Employee Deposit Link Insurance 0.5% of monthly basic
Administrative charges on EDLI 0.01% of monthly basic
General: -
Use the appropriate form for claming Provident Fund Pension,
Withdrawal benefit/scheme certificate, and Employees Deposit Linked
Insurance benefit. As given below: -
Form 19: To claim final settlement of Provident Fund by a
member.
Form 20: To claim Provident Fund by nominee/legal heir on
death of the deceased member.
Form 10-D: To claim pension. (In duplicate: if within state, in
triplicate: if other state)
Form 10-C: To claim withdrawal benefit/scheme certificate
under Employees Provident Fund Scheme 95.
Form 5IF: To claim assurance benefit under Employees Deposit
Linked Insurance nominee/legal heir of a member.
Form 31: To claim temporary withdrawal/advance under
Employees Provident Fund scheme 52.
Form 13: To effect transfer of Provident Fund/Pension from
one A/c to another.
Death Cases:-
Nominee/legal heir should apply in Form 20/Form 10-D/Form
5IF.
If the member has not executed any nomination, application
should be support family members issued by employer/revenue
official/sworn in an affidavit by the certificate from a court of
law.
Death certificate of the member.
Certificate of the employer stating whether the death was while
in service of the member.
Pension Cases:-
Joint photograph of member/spouse or the claimant should
accompany the application.
Option for return of capital/commutation should be specified
clearly.
Details of non-contributory period during the service.
Wages/salary for last 12 months accompany, if not already
sent.
Details of the branch of the specified bank may be given legibly.
Date of birth certificates of children.
For obtaining the Employers code you are required to submit the
following information with respective office of RPFC:
(Regional Provident Fund Commissioner of your area)
Coverage proforma.
List of employees along with their salaries.
Registration under Shop & Commercial Establishment Act.
Memorandum & article of Association.
Certificate of Incorporation under Companies Act.
List of Directors.
Bank account details of your company (CC account number)
Pan Number issued to your company by Income tax Authorities.
PF Letter format
09/01/07
To,
The P.F. Commissioner,
Provident Fund Office,
Golibar Maidan,
Pune.
Respected Sir,
Thanking you.
For ABC Ltd.,
R.R. Muradi
Officer-HR
Date: 08/03/2007
Sub: - Submission of revised Return for the period of 2004-2005 & 2005-
2006.
Respected Sir,
Please find enclosed herewith the revised 6-A along with reconciliation
for the period of 2004-2005 & 2005-2006 & also submitting the soft
copy for the same. Therefore requested to you kindly make the
necessary corrections at you end & issue account slip at earliest of
our employees.
R.R. Muradi
Officer-HR
Enclosed: - As above
The Cheque
Date: 14/11/07
Pay Employees Provident Fund Account No.1
Rupess
WEB SITES OF PF
www.epfindia.com
www.epfindia.gov.in
www.epfindia.org