¹[THE EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952 ACT NO. 19 OF 1952]

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

Short title, extent and application.

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

(2)     It extends to the whole of India except the State of Jammu and Kashmir.

⁶[(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 ⁷[twenty] or more persons are employed, and

(b) to any other establishment employing ⁶[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 ⁶[twenty] as may be specified in the notification.]

⁸[(4)     Notwithstanding anything contained in sub-section 3 of this section or-sub-section 1 of section16, 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.]

⁹[(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.]

¹⁰[* * *]

Notes:

1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule: Pondicherry by Reg. 7 of 1963, s. 3 and the First Schedule and Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Schedule (1-7-1964).

2. Subs. by Act 99 of 1976, s. 16, for “and family pension fund” (w.e.f. 1-8-1976).

3. Subs. by Act 25 of 1996, s. 2, for “family pension fund” (w.e.f. 16-11-1995).

4. Subs. by Act 99 of 1976, s. 17, for sub-section (1) (w.e.f. 1-8-1976).

5. The Words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019) and extended to the Union territory of Jammu and Kashmir and Union territory of Ladakh by notification No. S.O. 3962(E), Part II-section 3-Sub-section (ii) dated 31-10-20 (w.e.f. 1-1-2020).5.   Subs. by Act 94 of 1956, s. 2, for sub-section (3).

6. Subs. by Act 94 of 1956, s. 2, for sub-section (3).

7. Subs. by Act 46 of 1960, s. 2, for “fifty” (w.e.f. 31-12-1960)

8. Subs. by Act 33 of 1988, s. 2, for sub-section (4) (w.e.f. 1-8-1988).

9. Ins. by Act 46 of 1960, s. 2 (w.e.f. 31-12-1960).

10. The proviso omitted by Act 16 of 1971, s. 13 (w.e.f. 23-4-1971).