Amendment in Provident Fund Rules – Notification issued by Ministry of Labour and Employment.

MINISTRY OF LAROUR AND EMPLOYMENT
NOTIFICATION
New Delhi, the 5th October, 2012.

     G.S.R. 744(E).— In exercise of the powers conferred by section 5, read with sub-section (1) of section of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following Scheme further to amend the Employees’ Provident Funds Scheme, 1952, namely: -

   1. (i) This Scheme may be called the Employees’ Provident Funds (Fourth Amendment) Scheme, 2012.

       (ii) It shall come into force on the date of its publication in the Official Gazette.

   2. In the Employees’ Provident Funds Scheme, 1952 (hereinafter, referred to as the principal Scheme), under paragraph 83 relating to special provisions in respect of International/Workers.

       (a) in paragraph 69 of the principal Scheme" as modified by para 6 of aforesaid paragraph 83, for sub-paragraph (4), the following sub-paragraph shall be substituted, namely: -

      “(4) In respect of a member covered under social security agreement entered into between Government of India and any other country, on ceasing to be an employee in an establishment covered under the Act.”;

    (b) in paragraph 72 of the principal Scheme, as modified by para 7 of aforesaid paragraph 83, for sub-paragraph (2), the following sub-paragraph shall be substituted, namely: -

    “(2) The due amount in respect of the member shall be payable in the payees bank account directly or through the employer”.

[F. No. S-35025/09/2011-SS-II]
RAVI MATHUR.Addl. Secy.

Foot Note : The Employees’ Provident Funds Scheme, 1952 was published in e Gazette of India, Part II, Section 3, Sub-section (i), vide number S.R.O. 1509, dated the 2nd September, 1952 and lastly amended vide number G.S.R. 382(E), dated the 24th May, 2012.

THE GAZTTE OF INDIA: EXTRAORDINARY

NOTIFICATION
New Delhi, the 5th October, 2012

     G.S.R. 745(E) :- In exercise of the powers conferred by section 6A, read with sub section (I) of section 7 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following Scheme further to amend the Employees Pension Scheme, 1995, namely: -

   1. (i) This Scheme may be called the Employees Pension (Amendment) Scheme, 2012.

       (ii) It shall come into force on the date of its publication in the Official Gazette.

   2. In the Employees’ Pension Scheme, 1995 (hereinafter referred to as the principal Scheme), under paragraph 43A relating to special provisions in respect of International Workers:-

     (a) in paragraph 2 of the principal Scheme, as modified by sub-pars (2) of aforesaid paragraph 43A, clause (xv) shall be omitted;

     (b) after sub-pars (4) of aforesaid paragraph 43A, the following sub-para shall be inserted, namely: -

     (4A) For paragraph 9 of the principal Scheme, the following paragraph shall be substituted, namely: -

   “9. Determination of eligible service in respect of International Workers. – The eligible service shall be determined as follows:

     (i) in the case of the existing member” or the “new entrant”, the “actual service” shall be treated as eligible service.

    (ii) in the case of the member covered by a social security agreement, the period of coverage under relevant social security programme in mother country shall be added to actual service and the aggregate thereof shall be treated as eligible service as may be provided in the social security agreement”;

    (c) in paragraph 10 of the principal Scheme, as modified by sub-pars (5) of the aforesaid paragraph 43A, sub-paragraph (I) shall be omitted.

[F No. S-35025/09/2011-SS-II]
RAVI MATTUR, Addl. Secy.

Foot Note : The Employees’ Pension Scheme, 1995 was published in the Gazette of India, Part II, Section 3, Sub-section (i), vide number 748E, dated the 16th November, 1995 and the Scheme was last amended vide number S.O. 1809(E), dated 5-8-2011.

Source:http://www.epfindia.com/Circulars/Y2012-13/Coord_IW_8107.pdf