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The employer in relation to the said
establishment shall provide for such facilitation for
inspection and pay such inspection charges as the Central
Govt. may from time to time direct under clause (a) of
such section 17 of the said Act within 15 days from the
close of every month.
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The rate of contribution payable under
the provident fund rules of the establishment shall at
no time be lower than those payable under the said Act
in respect of the un-exempted establishments and the said
scheme framed there under.
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In the matter of advances the scheme
of the exempted establishment shall not be less favourable
than the Employees' Provident Fund Scheme, 1952.
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Any amendment to the said scheme which
is more beneficial to the employees than the exiting rules
of the establishment shall be applicable to them automatically.
No amendment of the rules of provident fund of the said
establishment shall be made without the previous approval
of the Regional Provident Fund Commissioner and where
any amendment is likely to effect adversely the interest
of the employees of the said establishment the Regional
Provident Fund Commissioner shall give a reasonable opportunity
to the employees to explain their points of view.
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All employees (as defined in section
2(f) of the said Act ) who would have been eligible to
become members of the Provident Fund had the establishment
not been granted exemption shall be enrolled as members.
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Where an employee who is already a member
of the Employees' Provident Fund (statutory) or a provident
fund of any other exempted establishment is employed in
his establishment the employer shall immediately enrol
him as a member of the fund and arrange to have the accumulation
in the provident account of such employee with his previous
employer transferred and credited to his account.
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The employer shall establish a Board
of Trustees for the management of the Provident Fund according
to such directions as may be given by the Central Provident
Fund Commissioner or by the Central Government as the
case may be from time to time.
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The Provident Fund shall vest in the
Board of Trustees, who will be responsible for and accountable
to the Employees Provident Fund Organisation for proper
accounts of the receipt in the and payments from the provident
fund and the balance in their custody.
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The Board of Trustees shall meet at
least once in every three months and shall function in
accordance with the guidelines that may be issued from
time to time by the Central Government / Central Provident
Fund Commissioner or an officer authorised by him.
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The accounts of the provident fund maintained
by Board of Trustees shall be subject to audit by a qualified
independent Chartered Accountant annually. Where considered
necessary, the Central Provident Fund Commissioner shall
have the right to have the accounts re-audited by any
other qualified auditors and the expenses so incurred
shall be borne by the employer.
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A copy of the Audited annual provident
fund accounts together with the audited balance sheet
of the establishment for each accounting year shall be
submitted to the Regional P.F Commissioner within six
months after the close of the financial year. Financial
year shall be from the 1st of April to the 31st of March.
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The employer shall transfer to the Board
of Trustees the contributions payable to the Provident
Fund by himself and the employees by the 15th of each
month following the month for which the contributions
are payable . The employer shall be liable to pay damages
to the Board of Trustees for any delay in payment of the
contribution in the same manner as an un-exempted establishment
is liable under similar circumstances.
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The Board of Trustees shall invest the
monies in the fund as per directions that may be given
by the Government from time to time. The securities shall
be obtained in the name of the Board of Trustees and shall
be kept in the custody of a scheduled bank under the Credit
Control of the Reserve Bank of India.
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Failure to make investments as per directions
of the Government shall make the Board of Trustees severally
and jointly liable to surcharge as may be imposed by the
Central Provident Fund Commissioner or his representative.
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The Board of Trustees shall maintain
a script-wise register and ensure timely realisation of
interest.
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The Board of Trustees shall maintain
detailed accounts to show the contributions credited,
withdrawal and interest in respect of each employee.
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The Board shall issue an annual statement
of accounts to every employee within six months of the
close of financial year.
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The Board may instead of the annual
statement of accounts issue pass books to every employees.
These pass books shall remain in the custody of the employees
and will be brought up-to-date by the Board on presentation
by the employees.
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The accounts of each employee shall
be credited with interest calculated on the opening balance
as on the first day of the accounting year at such rate
as may be decided by the Board of Trustees but shall not
be lower than the rate declared by the Central Government
under para 60 of the said Scheme.
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If the Board of Trustees are unable
to pay interest as per the rate declared by the Central
Government for the reasons that the return on investment
is less or for any other reasons then the deficiency shall
be made good by the employer.
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The employer shall also make good any
other loss that may be cause to the Provident Fund due
to theft, burglary, defalcation, misappropriation or any
other reasons.
- The employer as well as the Board of Trustees shall submit
such returns to the Regional Provident Fund Commissioner
as the Central Government / Central Provident Fund Commissioner
may prescribe from time to time.
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If the Provident Fund rules of the establishment
provide for forfeiture of the employees' contribution
in case where an employee ceases to be a member of the
fund on the lines of para 69 of the said scheme, the Board
of Trustees shall maintain a separate account of the amounts
so forfeited and may utilise the same for such purpose
as may be determined with the prior approval of the Central
Provident Fund Commissioner.
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Notwithstanding anything contained in
the Provident Fund Rules of the establishment, if on the
cessation of any individual from the membership of the
fund consequent on retiring from service or on taking
up the employment in some other establishment , it is
found that the rate of contribution , rate of forfeiture
etc. under the P.F Rules of the establishment are less
favourable as compared to these under the statutory scheme
the difference shall be borne by the employer.
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The employer shall bear all expenses
of the administration of the Provident Fund including
the maintenance of accounts, submission of returns and
transfer of accumulations.
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The employer shall display on the notice
board of the establishment a copy of the rules of the
fund as approved by the appropriate authority and as and
when amended thereto along with a translation of the salient
points thereof in the language of the majority of the
employees.
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"The appropriate Government"
may lay down any further condition for continued exemption
of the establishment.
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The employees shall enhance the rate
of provident fund contributions appropriately if the rate
of provident fund contribution is enhanced under the said
Act, so that the benefits under the Provident Fund Scheme
of the Establishment shall not become less favourable
than the benefits provided under the said Act.
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The exemption is liable to be cancelled
for violation of any of the above conditions.