Employees Provident Fund Scheme

Preliminary


Section 2: Definition

In this Scheme, unless the context otherwise requires-

(a)" Act " means the Employees Provident Funds and Family Pension Fund Act, 1952 (19 of 1952);
(b) Deleted.
(c)"children" means legitimate children and includes adopted children if the Commissioner is satisfied that under the personal law of the Member adoption of a child is legally recognised;
(d)"Commissioner" means a Commissioner for Employees Provident Fund appointed under Section 5-D of the Act and includes a Deputy Provident Fund Commissioner and a Regional Provident Fund Commissioner;
(e) "continuous service" means uninterrupted service and includes service which is interrupted by sickness, accident, authorised leave, strike which is not illegal, or cessation of work not due to the employees fault;
(f) "excluded employee" means-

(i) An employee who, having been a Member of the Fund, withdrew the full amount of his accumulation in the Fund under clause (a) or (c) of sub-paragraph (1) of Paragraph 69;

(ii) an employee whose pay at the time he is otherwise entitled to become a Member of the Fund, exceeds fifteen thousand rupees per month;

Explanation.- "Pay" includes basic wages with dearness allowance, retaining allowance (if any) and cash value of food concessions admissible thereon;

(iv) an apprentice;

Explanation.- An apprentice means a person who, according to the certified standing orders applicable to the factory or establishment, is an apprentice, or who is declared to be an apprentice by the authority specified in this behalf by the appropriate Government;

(g)"family" means-
(i) in the case of a male member, his wife, his children, whether married or unmarried, his dependant parents and his deceased sons widow and children:

Provided that if a Member proves that his wife has ceased, under the personal law governing him or the customary law of the community to which the spouses belong, to be entitled to maintenance she shall no longer be deemed to be a part of the members family for the purpose of this Scheme, unless the Member subsequently intimates by express notice in writing to the Commissioner that she shall continue to be so regarded; and

(ii)In the case of a female member, her husband, her children, whether married or unmarried, her dependant parents, her husbands dependant parents and her deceased sons widow and children;

Provided that if a Member by notice in writing to the Commissioner expresses her desire to exclude her husband from the family, the husband and his dependant parents shall no longer be deemed to be a part of the members family for the purpose of this Scheme, unless the Member subsequently cancels in writing any such notice;

Explanation.- In either of the above two cases, if the child of a Member or, as the case may be, the child of a deceased son of the Member has been adopted by another person and if, under the personal law of the adopted, adopter, adoption is legally recognised such a child shall be considered as excluded from the family of the Member;

(h) "financial year" means the year commencing on the first day of April;
(i)"Government Security" shall have the meaning assigned to it in the Public Debt Act, 1944 (18 of 1944);
(j)"Inspector" means a person appointed as such under Section 13 of the Act;
(k)"quarter" means a period of three months commencing on the first day of January, the first day of April, the first day of July and the first day of October of each year;

(kk) "Seasonal factory" means a factory which is exclusively engaged in the manufacture of tea, sugar, rubber, turpentine, rosin, indigo, lac, fruit and vegetable preservation industry, rice milling industry, dal milling industry, cashewnut industry, stemming or re-drying of tobacco leaf industry, tiles industry, hosiery industry, oil milling industry, licensed salt industry, jute baling or pressing industry, fireworks and percussion cap works industry, ice or ice-cream industry or cotton ginning, baling and pressing industry;

(kkk) "seasonal establishment" means a plantation of tea, coffee, rubber, cardamom, pepper, a coffee curing establishment, a fire-clay mine or a gypsum mine;

(l)" Trustee" means a Member of a Board of Trustees; and
(m) all other words and expressions shall have the meaning respectively assigned to them in the Act.