Employee provident funds & Miscellaneous Provisions Act

An Act to provide for the institution of provident funds 2 [,3 [pension fund] and deposit-linked insurance fund] for employees in factories and other establishments. BE it enacted by Parliament as follows:—

CHAPTER I

PRELIMINARY

1. Short title, extent and application

[(1) This Act may be called the Employees‟ Provident Funds and Miscellaneous Provisions Act, 1952.]

(2) It extends to the whole of India

[(3) Subject to the provisions contained in section 16, it applies

— (a) to every establishment which is a factory engaged in any industry specified in Schedule I and in which [twenty] or more persons are employed, and

(b) to any other establishment employing [twenty] or more persons or class of such establishments which the Central Government may, by notification in the Official Gazette, specify in this behalf:

Provided that the Central Government may, after giving not less than two months‟ notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment employing such number of persons less than  [twenty] as may be specified in the notification.]

[(4) Notwithstanding anything contained in sub-section (3) of this section or sub-section (1) of section 16, where it appears to the Central Provident Fund Commissioner, whether on an application made to him in this behalf or otherwise, that the employer and the majority of employees in relation to any establishment have agreed that the provisions of this Act should be made applicable to the establishment, he may, by notification in the Official Gazette, apply the provisions of this Act to that establishment on and from the date of such agreement or from any subsequent date specified in such agreement.]

[(5) An establishment to which this Act applies shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time falls below twenty.]

2. Definitions-

—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 oilfield 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;]