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Information on PF for Employer

By Sunil P. Jagtap

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Provident Fund

• What is Provident Fund?

Ans: PF means Provident Fund. Its like a pension A part of your salary is
deducted every month and deposited in your Provident Fund Account.
If you are working in a private company then the company pays the
same amount as it is deducted from your account and when you leave
the company you can apply and withdraw the amount. It's your
personal saving. If you are a Government employee then you will get
your saved PF of your whole life of your service when you retire.

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Coverage
• Establishments employing 20 or more persons and engaged in any of the 180
industries / Classes of Businesses specified.

• Co-operative Societies, employing 50 or more persons & working without the

aid of power.

• Establishments not coverable statutorily can come under the coverage of the
Act statutorily.

• An establishment continues to be covered under the Act, irrespective of the fall

in the employment strength.

• Since the Act applies on its own force to the establishments, the employers are
required to file the particulars in the specified format for registration and
allotment of business number.

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Financial Obligations: Contributions

• Statutory rate of contribution is 12% of emoluments (basic wages, dearness
allowance, cash value of food concession and retaining allowances if any,) in the
case of 175 establishments.

• Rate of contribution shall be 10% in the case of the following:

Brick, beedi, jute, guar gum factories, coir industry other than spinning sector.

• Establishments declared as sick undertakings by BIFR.

• A matching contribution is to be collected from the emoluments of the employees.

Out of 12% (or 10% as the case may be) of the employer’s share of contribution,
8.33% is to be remitted towards pension fund.

• Employer is also required to pay a contribution of 0.5% of the emoluments towards

EDLIS’1976.

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Financial Obligations:
Administrative Charges

• An employer is required to pay administrative charges at 1.10% of emoluments

towards provident fund charges and 0.01% towards EDLI Scheme 1976.

• No separate administrative charges for pension scheme

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Financial Obligations:
Inspection Charges
• In respect of exempted establishment under P.F. Scheme employer is liable to pay
only inspection charges at the rate of 0.18% of emoluments.

• In the case of establishment exempted from EDLI Scheme, the employer is

required to pay only inspection charges at the rate of 0.005% of emoluments.

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Financial Obligations: Interest Liability

• For belated remittances of contributions, administrative / inspection charges interest

at the rate of 12% on such remittances for the period of delay is to be remitted.

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Financial Obligations: Damages

• For all the belated remittances of contribution and administration/inspection

charges damages are also payable as penalty ranging from 17% to 37% p.a.
depending upon delay.

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Duties of Employer
• Enroll all categories of employees including the employees engaged by or through
contractors and also piece rated, hourly rated employees.

• Remit the contributions and administrative charges before the 15th of the following
month.

• File the initial returns of Form 9, Form 3(P.S.), form 5A.

• File the monthly returns in Form 12A, Form 5, Form 10 and Challans for remitting
the dues.

• Maintain the contribution card in respect of each employee in Form 3A and submit
the annual returns in Form 3A and 6A after reconciliation with Challans and form
12A.

• The employer has to ensure that statutory dues in respect of contractors

employees are remitted and returns filed.

• Employer should attest the form No.2 and the claims forms submitted by the
member/ legal heirs/ nominees.

• Make available all relevant records for inspection of visiting officials with due
authorization.
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Exemptions under the Schemes:

Provident Fund
• An individual member getting Provident Fund benefits on par with or better than
statutory provisions can apply for exemption in Form 1 under Para 27.

• Employers can apply for exemption in respect of a class of employees getting

similar or better benefits than the statutory P.F. Scheme under P. 27A subject to
the conditions governing grant of exemption.

• The employer can seek exemption from P.F. Scheme for the entire
establishment if the majority of the employees also consent for exemption,
subject to certain conditions governing grant of exemption and certain
formalities.

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Exemptions under the Schemes:

Pension Scheme
• Employer can avail exemption for the establishment as a whole, with the consent of
majority of employees, if an alternative pension scheme is formulated by the
establishment with benefits either on par with or superior to the EPS ’95 and subject
to certification of the viability and long sustenance of the scheme by an
independent qualified actuary and satisfying the other conditions prescribed
governing the grant of exemptions.

• There is no provision for exemption of individuals or for class of employees.

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Exemptions under the Schemes:

EDLI Scheme
• The establishment can get exemption from the EDLI Scheme, if the employees
therein are entitled for a benefit in the nature of insurance whether linked to their P.F.
deposit or not and without paying any contributions.

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Members: Eligibility to Membership

a) Employees' Provident Fund Scheme:

• Every employee (including part-time workers and those employed by or through

contractors) shall be entitled to become a member of the Scheme from the date of
joining the factory or the other establishment. (Para 26)

• Every excluded employee shall be entitled to become a member from the date he
ceased to be such employee.

• Every member of an exempted Provident Fund on joining establishment to which

the Scheme applies.

• Any employee who is not otherwise eligible to become member of the Scheme,
on request by him and his employer.

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Members: Eligibility to Membership

a) Employees' Provident Fund Scheme:

• Every newspaper employee other than an excluded employee shall be entitled to

become member of the Fund after completion of 3 months continuous service or
if he has actually worked for 60 days during 3 months or less (There is no wage
ceiling in the case of newspaper employee). (Para 80)

• Every Cine Worker other than an excluded employee shall be entitled to become
a member of the Fund if he has worked in not less than three feature films with
one or more producers provided his pay at the time of joining the Fund does not
exceed Rs. 1600/-P.M or Rs.15,000/- per year. (Para 81).

Note: w.e.f 1-11-90 , an employee is eligible for membership from the very first date
of joining a covered establishment.

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Members: Eligibility to Membership

b) Employees' Pension Scheme:

• Every employee who became member of the Employees' Provident Fund

Scheme on or after 16-11-95. (Employee who is above the age of 58 on the date
of joining the Employees' Provident Fund Scheme shall not be enrolled).

• Every employee who is a member of Employees' Provident Fund Scheme 1952

and who has not opted for erstwhile Employees' family pension scheme, may
also become a member if he opts for Employees' Pension Scheme.

• Every employee who was a member of Employees' Provident Fund Scheme and
has left service between 1-4-93 and 15-11-95 can also join the Employees'
Pension Scheme by submission of option.
• Note: The Employees' Pension Scheme membership will cease from the date
the member attains 58 years of age . However, he will continue to be a member
of Employees' Provident Fund till he leaves the service and withdraws the
Provident Fund accumulations.

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Members: Eligibility to Membership

c) Employees' Deposit Linked Insurance Scheme:

• Every employee who become member of the Employees' Provident fund

Scheme/exempted Provident Fund Scheme.

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Administrative Charges
• a) Employees' Provident Fund Scheme:
1.10% of total wages on which Provident Fund is recovered subject to a minimum
of Rs. 5/- shall be payable by the employer every month . Prior to 1.8.98, w.e.f.
1.8.98 .65% of total wages

• b) Employees' Pension Scheme Scheme:

No administrative charges are payable by the employer .The entire cost of
administration is met by Central Government.

• c) Employees' Deposit Linked Insurance Scheme:

0.01% of the total on which the Employees' Deposit Linked Insurance
contributions recovered subject to a minimum of Rs. 2/- per month .

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Inspection Charges
• a) Employees' Provident Fund Scheme:
0.18% of the total wages on which Provident Fund is recovered.

• b) Employees' Pension Scheme Scheme:

Nil.

• c) Employees' Deposit Linked Insurance Scheme:

0.005% of the total wages of the employees who are entitled to become members
of the Employees' Deposit Linked Insurance Scheme subject to a minimum of Re.
1/-

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Duties of Employer
a) Employees' Provident Fund Scheme (Para 36)and
(Para 36A):
• Enroll the eligible employees as Employees' Provident Fund subscriber from the
right date.

• Send initial returns in Form 5A , F9(Revised) , accompanied by F2(Revised),

monthly returns in F5, accompanied by F2, F10, F12A accompanied by challans
and annual return in F3A accompanied by F6A.

• To maintain the inspection note book for an inspector to record his observation.

• Maintain such accounts in relation to the amounts contributed to the fund and by his
employees.

• To comply with all the directives issued by the Central Board for proper
implementation of the scheme.

• Pay to the Fund within 15 days of the close of the month both the shares of
contribution and administrative charges or inspection charges.

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Duties of Employer
b) Employees' Pension Scheme Scheme
(Para 20 EPS '95):

There is no need to furnish a separate return by the employers.

Pay to the Fund within 15 days of the month Pension Fund contributions.

c) Employees' Deposit Linked Insurance Scheme

(Para 10):
There is no need to furnish a separate return by the employers. Pay to the Fund
within 15 days of the close of the month both the contributions and Administrative
charges or Inspection charges .

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DO'S FOR A MEMBER:

• While joining an establishment, furnish details of previous employment if any, with
previous Provident Fund a/c number and scheme certificate.

• In case of existing Provident Fund/ Pension a/c, apply for transfer of previous a/c
number to the present a/c number.

• Ensure that employee furnishes form with details of previous Provident Fund a/c
no. to Employees' Provident Fund Organization.

• Execute form-2, in details of self, nominee for Provident Fund and pension and
details of family and see that it is forwarded to Employees' Provident Fund
Organization by the employer.

• Ensure that particulars furnished are correct in all respects.

• Ensure that enrolment to Employees' Provident Fund/ Employees' Pension

Scheme is done immediately on joining the establishment.

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DO'S FOR A MEMBER:

• Provident Fund is deducted at statutory rate from the total wages i.e. basic, D.A.
and retaining allowance if any.

• If desirous of enhancing rate of contribution, inform the desire with the higher rate
opted for to Employees' Provident Fund Organization through employer and allow
employer to deduct at enhanced rate from the wages.
If the wages drawn is more than Rs. 6500/-, intimate your desire to contribute on
the whole amount to Employees' Provident Fund Organization through employer.
Employer can also contribute on the whole amount drawn as wages under
intimation to Employees' Provident Fund Organization.

• Check up periodically with the employer that contribution and other charges are
paid to Employees' Provident Fund Organization and ensure it's correctness by
verifying the form-3A (contribution card) maintained by the employer.

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DON'TS FOR A MEMBER:

• Don't give false clarification and incorrect particulars to Employer and
Employees Provident Fund Organization.

• Don't fall victim to middlemen/ agents. Employees' Provident Fund Organization

does not have any agent.

• Don't allow Employer to deduct his own share of contribution or administrative

charges payable by him from the wages.

• Don't be a party to misclassified allowances, with a view to avoid payment of

Provident Fund.

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References

• http://www.epfindia.com/
• http://www.citehr.com/

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