Section 83: Special Provisions in respect of International Workers

Special provision in respect of International Workers.-The Scheme shall, in its application to International Workers as defined in this paragraph, be subject to the following modifications, namely-

(1) For clause (f) of Paragraph 2, the following clause shall be substituted, namely-

(f) "excluded employee" means, -

(i) an International worker, who is contributing to a social security programme of his country of origin, wither as a citizen or resident, with whom India has entered into a social security agreement on reciprocity basis and enjoying the status of detached worker for the period and terms, as specified in such an agreement, or

(ii) An International worker, who is contributing to a social security programme of his country of origin, either as a citizen or resident, with whom India has entered into bilateral comprehensive economic agreement containing a clause  on social security prior to 1st October 2008, which specifically exempts natural persons of either country to contribute to the social security fund of the host country.

(2) After clause (j) of Paragraph 2, the following clause shall be substituted, namely-

(ja) "International Worker" means,-

(a) an Indian employee having worked or going to work in a foreign country with which India has entered into a social security agreement and being eligible to avail the benefits under I a social security programme of that country, by virtue of the eligibility gained or going to gain, under the said agreement;

(b) an employee other than an Indian employee, holding other than an Indian passport, working for an establishment in India to which the Act applies;

(3) For Paragraphs 26, 26-A and 26-B, the following paragraphs shall be substituted, namely-

"26. Class of International Workers entitled and required to join the Fund.-(1)`(a) Every International Worker (other than an excluded employee), employed as on lst day of October, 2008, in an establishment to which this Scheme applies, shall be entitled and required to become a member of the Fund with effect from the lst day of November, 2008.

(2) Every International Worker (other than an excluded employee), employed after the lst day of October, 2008 in an establishment to which this Scheme applies, who has not become a member already shall be entitled and required to become a member of the Fund from the date of his joining the establishment.

 (3) Where the Scheme applies to an establishment on the expiry or cancellation of an order of exemption under Section 17 of the Act, every International Worker who, but for the exemption would have become and continued as a member of the Fund shall become a member of the Fund forthwith.

(4) An excluded employee of an establishment to which this scheme applies shall, on ceasing to be such an employee, be entitled and required to become a member of the Fund from the date he ceases to be such employee.

(5) On re—election of a class of International Workers exempted under Paragraph 27-A to join the Fund or on the expiry or cancellation of an V order under that paragraph, every International Worker, who but for such exemption would have become and continued as a member of the Fund, shall forthwith become a member thereof.

(6) Every International Worker who is a member of a private provident fund maintained in respect of an exempted establishment and who, but for the exemption, would have become and continued as a member of the Fund shall, on joining an establishment to which this Scheme applies, become a member of the Fund forthwith.

26-A. Retention 0f membership.—A member of the Fund shall continue to be a member until he withdraws under Paragraph 69 the amount standing to his credit in the Fund or is covered by a notification of exemption under Section 17 of the Act or an order of exemption under Paragraph 27 or 27-A or the benefits are settled in terms of the relevant provisions under the social security agreement entered into between India and his country of origin.

26-B. Resolution of doubts.——If any question arises as towhether an International Worker is entitled or required to become or continue as member, or as to the date from which he is entitled or required to become a member, the decision thereon of the Regional Commissioner shall be final:

Provided that no decision shall be given unless both the employer and the International Worker have been given an opportunity of being heard.".

(4) In Paragraph 29, in sub-paragraph (1), after the points, the following proviso shall be inserted, namely-

"Provided further that where wages are paid in a currency other than in the Indian Rupee, the rate of conversion of that currency shall be the ‘telegraphic transfer buying rate offered by the State Bank of India established under the State Bank of India Act, 1955 (23 of 1955) for buying such currency on the last working of the month for which the wages are due.”.

(5) For Paragraph 36, the following paragraph shall be substituted, namely——

"36. Duties of employer.—(l) Every employer of an establishment to which this Scheme applies shall send to the Commissioner within fifteen days from the application of the Scheme to such establishment, a consolidated return in such form as the Commissioner may specify, of the International Workers (indicating distinctly the nationality of each and every International Worker) required or entitled to become members of the Fund showing the basic wage, retaining allowance (if any) and dearness allowance including the cashvalue of any food concession paid to each of such International Worker:

Provided that if there is no International Worker who is required or entitled to become a member of the Fund, the employer shall send a ‘NIL’ return.

(2) Every employer shall send to the Commissioner, within fifteen days of the close of each month, a return-

(a) in Form 5 of the International Workers qualifying to become members of the Fund for the first time during the preceding month together with the declarations in Form 2 furnished by such qualifying International Workers (indicating distinctly the nationality of each and every International Worker), and

(b) in such form as the Commissioner may specify, of the International Workers (indicating distinctly the nationality of each and every International Worker) leaving service of the employer during the preceding month: ,

Provided that if there is no International Worker qualifying to become a member of the Fund for the first time or there is no International Worker leaving service of the employer during the preceding month, the employer shall send a ‘NIL’ return.".

Provided further that a copy of the forms as mentioned in clauses (a) and (b) above shall be provided by the employer to concerned employees immediately after joining the service or at the time of leaving the service, as the case may be.

(6) For Paragraph 69, the following paragraph shall be substituted, namely-

“69. Circumstances in which accumulations in the Fund are payable to an International Worker.-(l) An Intemational Worker may withdraw the full amount standing to his credit in the Fund-

(a) on retirement from service in the establishment at any time after the attainment of 58 years;

(b) on retirement on account of permanent and total incapacity for  work due to bodily or mental infirmity duly certified by the medical officer of the establishment, or where an establishment has no regular medical officer, by a registered medical practitioner designated by the establishment:

Provided that-

(i) where an establishment has been closed, the certificate of an