PF ACT Final
Transcript of PF ACT Final
8/8/2019 PF ACT Final
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Employees¶
Provident FundAnd
Miscellaneous
Provisions Act,
1952
Sneha Gedam
(09- 716)
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Introduction
Provident Fund - better future to employees
Salary consists of two parts i.e. earnings & deductions
Provident Fund is one of the statutory deduction
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Applicability
Extends to whole of India except Jammu
and Kashmir
Applies to all factories (ScheduleI
)andestablishments having 20 or more
employees.
Continues to be applicable even if number
falls below 20.
Any establishment which Central govt. may
specify.
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Definitions
Basic wages
Contribution
Employer Employee
Factory
Industry
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Eligibility
All Employees
Direct and through Contractor
Permanent and Probationary
Exceptions
Apprentices Excluded employee
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Contributions
Employer¶s contribution - 12% (Basic, DAand Retaining allowance)
Employee¶s contribution ± Same as
Employer¶s Administrative charges ± 1.10%
Inspection charges ± 0.18%
No upper limit for contribution Duty of contractors
Time frame for deposits
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Benefits
Advances/withdrawals
Interest ± current rate 9.5%
Nomination Equal payment by employer
Transferrable
Social security
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Employee Pension Scheme
To give financial security
Compulsory for all existing members of
EPF Scheme
Eligibility
Employee
Widow
Children (upto 25 years)
Upon permanent total disablement
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Contributions
8.33%(Basic, DA and retaining allowance)
by the employer
1.16%(of pay of the member) by the Central
govt.
Ceiling of Rs 541 pm (wef 1st June 2001)
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Deposit linked Insurance Scheme
Employer ± 0.5% of salary
Administrative charges ± 0.01
Inspection charges ± 0.005% Employee- No contribution
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PENALTIES
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Period Of Default Rate of Damages (% of arrears p.a.)
Less than 2 months 17%
2 months & above but less than 4months
22%
4 months & above but less than 6
months
27%
6 months & above 37%
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Violations Penalty
For avoiding any payment
knowingly make any false
statement or representation
Shall be punishable with
imprisonment upto 1 year or fine
of Rs. 5,000.00 or both.
An employer who contravenes
sec. 6 (re. contributions) or sec
17(3)(a) for payment of inspection
charges or para 38 re. payment of Administration Charges
Shall be punishable withimprisonment upto 3 years but:
(a) will not be less than 1 year
and fine of Rs. 10,000.00 if it
relates to payment of employees
contribution, which has been
deducted by the employer.(b) will not be less than 6 months
and fine of Rs. 5,000.00, in any
other case.
The court can decide a lesser
term for imprisonment but for
reasons recorded.
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Violations Penalty
An employer who contravenes sec
6C Re. EDLI or sec 17(3A)(a) re.
inspection charges
Shall be punishable with
imprisonment upto 1 years but
will not be less than 6 months
and fine of upto Rs. 5,000.00.
Failure to comply with any
provision of the Act or Schemes
Shall be punishable with
imprisonment upto 1 years or
with fine of upto Rs. 4,000.00 or
both.
Contravenes any provision or
condition for which exemption u/s
17 was given and no other penalty
is prescribed
Be punishable with imprisonment
upto 6 months but not less than 1
month and also fine upto Rs.
5,000.00.
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FAQ¶s
I
s it beneficial for employees who draw salary aboveRs 6501/- to become member of Provident Fund ?
What is the contribution percentage to the Providentfund and Pension Scheme ?
When is an employee eligible to enjoy pensionscheme ?
What happens in case there is a salary revision and araise in the basic salary of the employee and arrears
need to be paid, Do we need to deduct PF from thearrears as well ?
Is it possible for an employee to contribute at a higher rate of interest than 12 % ?
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FAQ¶s
What is the provision of the scheme in the matter
of nomination of a member ?
Do we get any interest on the amount which is
deposited in the Provident Fund account?
What is the purpose of the Employee's Pension
Scheme ?
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Thank You