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    LABOUR LAWS

Employees’ Provident Fund & Miscellaneous Provisions Act, 1952


Applicability

i) Every establishment which is a factory engaged in any industry
specified in Schedule 1 and in which 20 or more persons are
employed and

ii) Any other establishment employing 20 or more persons which
Central Government may, by notification, specify in this behalf.
(Infancy period of 3 years has been withdrawn by ordinance w.e.f.22-9-97)

iii) any establishment employing even less than 20 persons can be
covered voluntarily u/s 1(4) of the Act.


Eligibility
Any person who is employed for work of an establishment or employed through contractor in or in connection with the work of an establishment.


Benefits
Employees covered enjoy a benefit of Social Security in the form of an unattachable, unwithdrawable (except employees and employers contribute equally throughout the covered persons employment. This sum is payable normally on retirement or death. Other Benefits include Employes’ Pension Scheme and Employee’s Deposit Linked insurance Fund.


Penal Provisions
Liable to be arrested without warrant being a cognisable offense. Defaults by employer in paying contributions or inspection/ administration charges attract imprisonment up to 3 years and fines up to Rs. 10,000 (S.14.) For any retrospective application, all dues have to be paid by employer with damages up to 100% of arrears.


Benefits at a glance

1.   Advance for Purchase of Dwelling Site.
2.   Advance for Purchase of Dwelling House/flat.
3.   Advance for Construction of a House.
4.   Advance for Repayment of housing loan to State Govt. housing board or any other govt. recognised housing finance body.
5.   Advance for IIIness viz. Hospitalisation for more than month, major surgical operations or suffering from TB, leprosy, paralysis, cancer, heart ailment etc.
6.   Advance for Marriage of Self/Son/Daughter/Sister/Brother.
7.   Advance for Post MatriculationEducation of Son/Daughter.
8.   Advance for Damage to the property Due to Natural calamity (Flood Riot/Earthquake).
9.   Advance for Member affected by cut in the supply of electricity.
10. Advance for Member who is physically handicapped.

 [ A member employee can also withdraw full amount standing to his credit.   in fund (para 69).....]

a) on Resignation.
b) On Retirement from the service on attaining the age of 58 yrs.
c) on Retirement on account for permanent or total incapacity to work.
d) immediately before Migration from India for permanent settlement abroad or for taking up     employment abroad.
e) on Termination due to voluntary retirement Scheme, retrenchment, closure of the factory/establishment.

 
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