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Labour Legislations




                    Notes

                                     Notes 1.  If the pay of a member-employee increases beyond   6500 after his having
                                               become a member, he shall continue to be a member but the  contribution
                                               payable in respect of him shall be limited to the amount payable on monthly
                                               pay of  6500.
                                           2.  An employee ceases to be member of the Employees' Family Pension Fund at
                                               the age of 60 years. The Employees' Family Pension Fund has been replaced
                                               by Employees' Pension Fund w.e.f. 16.11.95.

                                   10.2 The Employees' Provident Fund Scheme, 1952


                                   The statutory rate of contribution to the provident fund by the employees and the employers, as
                                   prescribed in the Act, is 10% of the pay of the employees. The Act provides that the Central
                                   Government may enhance the statutory rate of contribution to 12% of wages in any industry or
                                   class of establishments.
                                   The contributions received by the Provident Fund Organisation from unexempted establishments
                                   as well  as by the Board  of Trustees  from exempted  establishments shall be invested, after
                                   making payments on account of advances and final withdrawals, according to the pattern laid
                                   down by the Government of India from time to time. The exempted establishments are required
                                   to follow the same pattern of investments as is prescribed for the unexempted establishments.
                                   The provident fund accumulations are invested in government securities, negotiable securities
                                   or bonds, 7-year national saving certificates or post office time deposits schemes, if any.

                                   10.3 Employer's Obligations


                                   1.  The employer is required to contribute towards Employees' Provident Fund and Pension
                                       Fund as:
                                       (a)  In case of establishments employing less than 202 persons or a sick industrial (BIFR)
                                            company or 'sick establishments' or any establishment in the jute, beedi, brick, coir
                                            or gaur gum industry – 10% of the basic wages, dearness allowance and retaining
                                            allowance, if any.
                                       (b)  In case  of all  other establishments  employing 201 or more  persons – 12% of the
                                            wages, D.A., etc.
                                       An amount equal to 8.33% of the employees' pay shall be remitted to the Pension Fund
                                       and the balance of employer's contribution will continue to remain in Provident Fund
                                       account.
                                       Where, the pay of the employee exceeds  5,000 p.m., the contribution to Pension Fund
                                       shall be limited to 8.33% of his pay of  5,000 only. The employee may voluntarily opt for
                                       the employer's contribution @ 8.33% of the full wages to be credited to Pension Fund.
                                   2.  Towards Deposit-Linked Insurance Fund, he has to pay: - 0.5% of the wages, D.A., etc.
                                   3.  The employer cannot  reduce the wages or  other benefits  such as  pension, gratuity or
                                       provident fund of an employee, on account of the employer's contribution or administrative
                                       charges payable by him.
                                   4.  The employer  is required to deduct the employee's  contribution from  his wages and
                                       deposit the same into the provident fund account along with his own contribution. The





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