To Subject: Sir ar after AR rst Eraployees’ Provident Fund Organisation (Gm Ga dorm searera, area aITE ) (Ministry of Labour & Employment, Govt. Of India) (= arefer) / Corporate Headquarters fare fife an, 14 sflangot or wa, Ww Rec - 110066. Bhavishya Nidhi Bhawan, 14-Bhikaiji Cama Place, New Delhi-110066 ‘oord./ 2 (27) Amend ‘semereg@ | Fr Dated: 4 OF ue XT Regional P.F. Commissioners, In-Charge of Regions / SRO’ss~ Notification in two schemes of Employees Provident Fund & Misc. Provision Act, 1982 for (i) Employees’ Pension (Third amendment Scheme 2008) for international workers (ii) Employees’ Provident Fund (Third Amendment) Scheme 2008) for international workers A copy each of following Gazette Notifications published in the Gazette of India Extraordinary part II - Section 3-Sub section (i) dated October 1, 2008 regarding (i) Employees’ Pension (Third amendment ) Scheme 2008 for international workers (i) Employees’ Provident Fund (Third Amendment) Scheme 2008 for international workers are enclosed: (i) «iy 3 Enel GSR 705 (E) dated the Ist October, 2008 GSR 706(E) dated the Ist October, 2008. It comes into force on the date of its publication in the Official Gazette Its also requested to ensure that exempted trust funds in your jurisdiction should also suitably modify their schemes and ensure compliance. Yours faithfully, As above Regional P.F, Commissioner-I (Coord.)Copy to :- 2 1 cERBEAC & All Zonal Audit Officers (O and All Zonal Vigilance Directorates All Addl CPFCs (HO/Zones) NATRSS & All Zonal Training Institutes RPFC, NDC with a request to upload the notification on website All RPFCs of the Head Office All APFCs of the Head Office All sections Officers in the Head Office All EOs in the Head Office Secretary General, EPF Officers Association, Head Office Secretary General, EPF Staff Federation General Secretary, EPF Staff Union, Head Office Coal Mines P.F. Commissioner, Dhanbad PS to CPFC General File$1 _REGD.NO.D.1.-3300499 my) Che Gazette of India Sn Tas 3 -30-UE (i) PART Il—Section 3-Sub-section () vaftcere & werftrr PUBLISHED BY AUTHORITY AB ge be ess STH 1, 2008/80 9, 1930 OCTOBER 1, 2008/ASVIN a Reeet, | ste, 2008 _ Biter fH 708( 31). asia aor, aoa fier PA she vated suMe afAP EW, 1952 (1952 a 19) @ ery 7 a wu-ere (1) arr ven alee) on gate mee gy, wefarh dere eth, 1985 a ote daha wet & fey Prefers wethy ware 8, sete: 1 (1) gay eae or eit ater ater der (ater ete) we, 2008 #) (2) we cores A ge gare @ athe at ugar Br 2 artand der: eae, 1995 4, ter 43 & oye, Praftifted ther sieveenttte fire oe “43a . aiaebefia anfenrel a ede AF faery wade wash, whey fier PY way, 1952 a ter 83 4 merafenfta siete arterd ot ary a A, Prafifted caine & arenita ebh, () tr2 hes (xv) & eer oe Prefer as cer orem, aretha (xy) “tert Sar @ fare staat arate aren ee & sits ant ard weer Ent a ae Bar, fret fe after ore gy g at ore ehh abe 8, oh ag athe 0 were & cee aa art dt dor aH seh ante Bh (2) ter to a seeder (1) ear oy Prefers wath van eT, siete: 10. Serhh aan ar Preyer: (1) RA sieigty warfine geen gee & stata al ad weer a deh ea ar OUR Gea ae a artes Yet PA As a we eA aha after, yal ernie ‘een ards & otha ah ag Ser at ara a wfePee S fern ore ote Be were Bs ons Tre ara ag ar wT seat wt dea CY were & anh after matory & fer A ste aE! 3808. Gi208 a“THE GAZETTE OF INDIA : EXTRAORDINARY [Part -Set~ (3) er 11 & Rene oe Pifeaerftes der ean oT, state: 44,0 darth ae om oreo thr de aefard fare PR ah Tozer a arene Vay ora | eter araTgat ee ae ‘re oft CAR A omefte sthere after aeet er (4) ter 14 & wena oy Preaferites the cen one, state 14, anftres wee dere & fry ora er @ ge an Ble Ge wry (1) aft fore wee 4 at oredr oetent ae t ote ta ta or & fore are ae A warts quan ae fara é, Pot a ante at a $8 af aA ong ona ae Oy WR, at A eae at, Oe 9 8 PRR ora Ser A AS at aw Uae ome Ue OTe were H TUT ART wore wi ewGR eT) (2) aie Reet weer 3 at acy wrterd vet & atte first BS Var an & Pore aT are 9 wanfire eRer wee vet rar &, Pete at adie at ar 56 wt vt ong ura wy aA OR, ot A gar at, te oF Pah oa Ben aa ah a, at Ae 14 & sete org oefta wet a Pa UTI SIGIR CR lac I cd aT r (Cem & [a-35052/05/2008 QaeR-1) aS are, a a ung amr: tend ter rete, Jovs, ma B gaTE, wer, Wes, Tew C) AA Manfh 14R(a), ote vo Tem, 1098 Bret mains a eh at stk east atte hors a, cee. 688( 9), meter 26 Fea 2008 Bre Farar TH a | MINISTRY OF LABOUR AND EMPLOYMENT NOTIFICATION ‘New Delhi, the Ist Ortober, 2008 GSR.70HE)—In exercise of the powers conferred by section 64 sead with sub-section (1) 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 (1) This Scheme may be called the Employees’ Pension (Third) Amendment) Scheme, 2008, <—- (2) It shall come into force on the date of its publication in the Official Gazette. 2 Jn the Employees’ Pension Scheme, 1995, afier paragraph 43, the following paragraph shall be inserted, namely:- 3 ~43A. Special provisions in respect of International Workers.- The Scheme shall. in its“ Quo ye 4 (awe 3) NI FLT: TTT 3 application to {nternational Workers as defined in paragraph 83 of the Employees’ Provident Fund Scheme, 1952 be subject to the following modifications, namely: — (1) For clause (xv)of paragraph 2, the following clause shall be substituted, namely:- (xv) “pensionable service” means the service rendered by the member covered by an international social security agreement for which contributions have been received or are receivable, the periad of service rendered and considered as eligible under such agreement. (2) For sub-para (1) of paragraph 19, the following sub-paragraph shall be substituted, namely:- : 10. Determination of pensionable service.- () The pensionable service of the member covered by-an intemational social. security agreement shall be determined with reference’ to the contributions received or are receivable on his behalf in the Employees’ Pension Fund, the period of service rendered under a relevant social security programme and considered as eligible for benefits shall be added only for the purpose mentioned under such agreement. @) For paragraph 11, the following paragraph shail be substituted, namely:- 11, Determination of pensionable salary. The pensionable salary shall be the average monthty pay drawn in any manner including on piece-rate basis during the contributory period of service of the membership of the Employees’ Pension Fund: (4) For paragraph 14, the following paragraph shall be substituted, amely:- ervice before belng eligible for monthly members" pension. (1) fa member not being an Indian employee, hailing from a country with ivhich india has entered into @ social security agreement, has not rendered the eligible service prescribed in paragraph 9 on the date of exit, or on attaining the $8 years of age, whichever is earlier, he/she shall be entitled to a benefit as may be prescribed in che said Agreement on reciprocal basis. (2) If a member not being an Indian employee hailing from a country with which India hes not entered into a social security agreement, fas not rendered the eligible service specified in paragragh 9 on the date of exit, or on attaining the 58 years of age, whichever is earlier, his/her entitlement to the withdrawal benefit under paragraph 14 shail be,-on the principle of reciprocity, as may be available to Indian employees in that country.” IF. No. $35012005/2008 SSN] S.K.SRIVASTAVA, Jt Secy. R i die, Foot Note : The Employees’ Pension Scheme, 1995 was published in the Gazette of In Patil, Seton %, Sub-section (i), vide number G.S.R_748(E) dated 16" November, 1995 and the Scheme was fast amended vide number G.S.R. 688(E), dated the 26” September, 2008.“THE GAZETTE OF INDIA: EXTRAORDINARY. se, afte af feel, 1 SPR, 2008 ‘Ruarft 706( 31).—aidta eee, ateret after Pate tk west ute sf, 1982 (1052 amr 19) eh era 7 BH woera (1) B wre RA OATS ee eR wea a wT we BY ME ‘after PARE eaftm, 1952 er ote inter areA a fry Prrafettee va ware & sre 4. (1) 8 eats om fires TH whet after PR (tate) wT, 2008 & | (2) we armen scorers at arian wh age Unt | 2. anhere wfaer PY een, 1962 B ow oz B see, Prater te skeen ferar ore, “a3. skeeeresta asteorel aft anaer fiire omte—ce eae, ge ett & ter 2 @ ais (wa) ¥ aarafentis sieeeesta ater at Preafaftes sutawt & sels ary ef, set (4) de 2 & ate (w) & cere wy, Preis eis wa og, ra (2) “orate mire 8 ac streagia tee sife A oA ont as ar a, Rrra wien ane 3 ureaReren B ane we ats Unf yw wax Arar &, fret entre gan onda & arte a Rah ad ee A ahve & wer & ote get ora ate Prorat Fang, oh Ay Pratt ame RAPHE Rog my a, ehh aoe a seats an wot mE ae e (a) “siereeregtar antesre” @ afte & (@) Ren @hs oredr amtaory, Fore fre OR Fee A OTe wer aT “errors aa ae Roar ford flor & aT Gh ad ore oT wer f othe GY Ter arr & oa are at sig A TA Ur aaeT Bina oe Se AF oT WR orden S oes rach er oun wet fe Tae; (a) wer AAR frat cere #, fore ae Fer ary eter fare varedra woken & Per hg ater, ot orectta orerdte & Prt erg arate waht weet ty (2) 26, te 2625 site der 20m a eer wy, Prefers ter eat OMA, te “a5. Pe A afeaftrr et S fire waar sty stl omayeiedt hor ptenftat aB aft :-(1)(@) Be Posh wes ee, fe ae este ory ah te rafts water? & fiat rene siren enters oe ara &, PRA ae Te EH CRT 8, sore rar omer @ PARR Wee @ Arq ewer ote Tha eT |IS « (oa ners 30) _ SHR TH: STATE (a) 38 Pare wees A ar wad Hide 4, RR ae ea aT] Of, AE ee et & fay Prins aeftia enterd @ fer wate oleate ote ge TH fren ae Ger age ater &, ira are arte BART oo aeG HS Pee wea te arte ater af wach ah ander at Sen ater are A sw wees oA are aed rg ey FH am PRT | (2) wel wir afore a are 17 & sehr GES Poe one wt were ar emer Pio RIT Bt ST] eH & et aT uN sree alo, ot EES mre AY or meee ae et oe we Oe A aT we By ges AB om weer eT | (a) Pore sere ay ger er ge AF oh Gear, sare ane a RT SAT rete Fer serenely emf, GT ges B wees Te eT & aa H arey S TERT ATT wf} ear arr oy sad fore arbre erm | (4) 3S Pe was wy, RR aE este OT] Unt ahd omaha enter, tar arte 7 wa oe ow are &, frewt ae ter orterd TE eH BoA AES mr PR eer erm eR Ry garere ty FEAT ATT | (6) PR afer ae fry et 27a we BE oer stawethy ante a feet Se OS yaProter oe ar ue te Bonita fet onde at wf aT eet wow ® tw ate stews ater of Of BEF ore MA wr Ae oT RT ote ge BA et eer a, geo PM a eee TET | (a) Ren sake sierersgta aefare oh fret ye ser wera vide H wag 1g rgd wits A oT wees Boe tA ye BS ore PA wr wa a at oy oH we A er wr et OY fret ere A orhiem oer oe foe ae way Ty enh & Blo A a ees A oe | 26%, WERT OT aa ETAT ot aE Wee, PEA oma es Foor UE BT te 69 anita area 8 ar sofas oA erat 17 @ andi ae OA fet sift aT te a7 om te are & ads YES fet anew & sii ory a. rae on ora oe Bad ys ae & ate flog ny mais Gan owe & ons yeas Ua Praecargare Paver flog art am aU we AT ee | wattoenr-te 69d erty (2) & sais fen wees are wie & fare freA are Heer FAY A meen Ge ae Bow aH as wa ome, Renmeet one rer are AT arate Te eas Fy flor ge Pati Ae wifes ara we vere mfp frat ara & 1 268. iemait a Premera aw a a fir gar wtf omneengta artery weet 7A ou Te ea A we ee om coe a Gad fay ota 8 ot Ue ate Say A Poe we veer FF o fay wea aw oa 8 ats we Ge aT ot Tee ara organ am Pree atfoU Re: aig ah APreaa oe ae aM Rem GET wa Ter Pdtorn ofe sitet cotore 25h ah rad an array al ar at (2) ter 36 B ware oy, Prefer 8 ve orth, sri ~ “ge. Prhorst & ater(1) wet Paros, ga ete dower S oes eee stag, rae #, ahora PAP oR PH oT eR HA Re sete RCE Bees Gike-2\" ‘THE GAZETTE OF INDIA : EXTRAORDINARY. Pactt—So serie afer ah (fy ey 8 urte stavigha ator ot wetter wuehtia wet Ey) Ie ateetsa afore at tea feel ahora Rare wr wae Aer oH 8, afte od Ey OTT a en: weg aft ter ate ohteiele motor ae 8, ot AA oT acer al & fore srt oT ‘ema toh Prater “ype Praeet aerM | (2) wets Frits, wees are & ofa & dee fea & otey amped wt Praftea Ratt (@) wee SA gett are 3 ae gery are Prt a caer art & fey olka sarteha anor) a axel & ary TA afke staetyta atone great oeW 2 F a ne chaomy (rte wy @ gets stetefia artere a relat waefirs wed qe), afk (ay 28 mer a, oP anger RAS ak ad are & chery Prater at der Brey ad oie weet aA aot (Pre wu S oetes siaetatra whore wh oe suet a8 Ee) : Tey of tn aE svighe ote ae} 8 oem are AR aT we Tt for aff gar et ot fire ydadt ara & cera fates wt Gar ats Bt at fates ew? Praeh aT | (FL -B. GH-35012/05/2008.RHE- 11] ae esha, ge oe re feng; sited wfeney Fat eas, 1952, ATH THT, AAMT, HT U1, WE 3, SIS (i) Fe HALIM, 1506, ‘aber 2 ferret, 1952 gre wernférs ai at et at afi are, mea, 6u9 (or), artrar 26 fereraR, 2008 ‘aro Seiten wR ME NOTIFICATION ‘New Dethi, the Ist Octaber, 2008 - GSR-106(E)— In exercise of the powers conferred by section 5, read with sub- section (1) 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’ Provident Funds Scheme, 1952, namely: - (1) (1) This Scheme may be called the Employees’ Provident Funds (Third Amendment) Scheme, 2008. (2) tt shall come into force on the date of its publication ia the Officlal Gazette, 2) In the Employees’ Providem Funds Scheme, 1952, after paragraph 82, the following paragraph shall be inserted, namely: - “83. Special provision in respect of International Workers.-The Scheme shall, in its pplication to International Workers as defined in clause (ff) of paragraph 2 of this scheme be subject to the following modifications, namely: —“a 4 [wer ttre 3(i)) (1) For clause (/) of paragraph 2, the following clauses shall be substituted, nsimely: — (f) “excluded employee” means an international Worker, who is contributing to a social security programme of his/her country of origin, either 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 ; (#1) “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 a social security programme of that country, by virtue of the eligibility: gained or going to gain, under the said agreement ; (©) an employee other than an Indian employee, holding other than an Indian passport, working for an establishment in India to which the Act applics ; (2) For the paragraphs 26, 26 A and 26 B, the following paragraphs shall be substituted, namely: — 26. Class of employees of International Workers entitled and required to join the fund.-(1)(a) Every Intemational Worker of an establishment to whom this Scheme applies, other than an exciuded employee, shall be entitled and required to become a member of the Fund from the beginning of the month following that in which this paragraph comes into force, (6) Every Intemational Worker employed to do any work, in or in relation to any establishment to which this Scheme applies, other thar an excluded employee, shall be entitled and required 1 become a member of the Fund from the beginning of the month following that in which this paragraph comes into force, if on the date of such coming into force, such employee is a subscriber to a provident fund maintained in respect of that establishment in India, (2) 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. (3) After this paragrazh comes into force in an establishment, every International Worker thereof, other than an excluded employee, who has not become a member already shall also be entitled and required to become a member from the beginning of the month. (4) An excluded employee of an establishment to which this Scheme applies shail, on ceasing to be such an employee be entitled and required to become a member of the Fund from the beginning of the month fotfowing that on which hie ceases to be such employee. (5) On re-election of a class of Intemational Workers exempted under paragraph 27A to Join the fund or on the expiry or cancellation of an 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 en establishment to which this Scheme applies, become a member of the Fund forthwith. 26A. Retention of membership. A member of the Fund shall continue to be a member until he withdraws urider 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 27A or the benefits are settled in terms of the relevant provisions under the social seourity agreement entered into between India and his country of origin.\ \ “THE GAZETTE OF INDIA: EXTRAORDINARY. [Paerlt—Se. 30 Explanation. —in the case of a ciaim for refund by a member under sub-paragraph (2) of paragraph 69, the membership of the Fund shall be deemed to have been terminated from the date the payment is authorised to him by the authority specified in this behalf by the ‘Commissioner irrespective of the date of claim. 26B. Resolution of doubts. If any question arises as to whether 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 shali be given unless both the employer and the International Worker have been given an opportunity of being heard. (2) For paragraph 36, the following paragraphs shalll be substituted, namely:~ 36. Duties of employers.- (1) Every employer shall send to the Commissioner, within fifteen days of the commencement of this Scheme, a consolidated return in such form as the Commissioner may specify. of the Intemational Workers (indicating distinctly the 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 cash value 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 (@) 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 Intemational Workers (indicating distinctly the nationality of each and every international Worker), and () in such form as the Commissioner may specify, of the Intemational Workers (indicating distinctly the nationality of each and every international Worker) leaving service of the empioyer during the preceding mont 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.” IF. No. §-35012/05/2008. 88-11] S.K SRIVASTAVA, It Secy, FootNote : The Employees’ Provident Funds Scheme, 1952 was published in the Gazette of india, Part-ll, Section 3, Sub-section (i), vide number $.R.O. 1506 dated the 2nd September, [952 and lastly amended vide nuraber ‘GSR. 689(E), dated the 26th September, 2008