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Core Purpose

Notification amending paragraph 32A(1) of the Employees' Provident Funds Scheme, 1952, to revise the rate of damages recoverable from employers who default on EPF contributions.

Detailed Summary

By notification G.S.R. 329(E) dated 14th June 2024 (F. No. R-15011/01/2022-SS-II), the Ministry of Labour and Employment, exercising powers under Section 5 read with sub-section (1) of Section 7 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), issued the Employees' Provident Funds (Amendment) Scheme, 2024, effective from the date of publication in the Official Gazette, to further amend the Employees' Provident Funds Scheme, 1952 (originally published vide S.R.O. 1506 dated 2nd September 1952 and last amended vide G.S.R. 225(E) dated 27th March 2020); sub-paragraph (1) of paragraph 32A was substituted to provide that where an employer defaults in payment of any contribution to the fund, or in transfer of accumulations required under sub-section (2) of Section 15 or sub-section (5) of Section 17 of the Act, or in payment of charges payable under any other provisions of the Act or Scheme or conditions specified under Section 17, the Central Provident Fund Commissioner or an officer authorised by the Central Government by notification in the Official Gazette may recover damages from the employer at the rate of one per cent. of the arrear of contribution per month or part thereof; the notification is signed by Alok Mishra, Joint Secretary.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-15062024-254723 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 306] NEW DELHI, FRIDAY, JUNE 14, 2024/JYAISHTHA 24, 1946 3596 GI/2024 (1) 2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(i)] MINISTRY OF LABOUR AND EMPLOYMENT NOTIFICATION New Delhi, the 14th June, 2024 G.S.R. 329(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. Short title and Commencement.— (1) This Scheme may be called the Employees' Provident Funds (Amendment) Scheme, 2024. (2) It shall come into force from the date of its publication in the Official Gazette. 2. In the Employees' Provident Funds Scheme, 1952, in paragraph 32A, for sub-paragraph (1), the following sub- paragraph shall be substituted, namely:- "(1) Where an employer makes default in the payment of any contribution to the fund, or in the transfer of accumulations required to be transferred by him under sub-section (2) of section 15 or sub-section (5) of section 17 of the Act or in the payment of any charges payable under any other provisions of the Act or Scheme or under any of the conditions specified under section 17 of the Act, the Central Provident Fund Commissioner or such officer as may be authorised by the Central Government by notification in the Official Gazette in this behalf, may recover damages from the employer at the rate of one per cent. of the arrear of contribution per month or part thereof." [F. No. R-15011/01/2022-SS-II] ALOK MISHRA, Jt. Secy. Note: The Employees' Provident Funds Scheme, 1952 was published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i), vide number SRO. 1506 dated the 2nd September, 1952 and was last amended vide notification number G.S.R. 225(E), dated the 27th March, 2020. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. AMIT KUMAR Digitally signed by JAISWAL AMIT KUMAR JAISWAL Date: 2024.06.15 13:32:16+05'30'

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