Origins
The Employees' Provident Fund Organisation (EPFO) is part of India's social security system, ensuring the financial security of employees. Operating under the jurisdiction of the Government of India's Ministry of Labour and Employment, the EPFO is entrusted with the regulation and oversight of provident funds in the nation, in conjunction with the Employees' State Insurance. It was established in 1951 through the enactment of the Employees' Provident Fund and Miscellaneous Provisions (EPF&MP) Act. The EPFO's responsibilities encompass the management of mandatory provident funds, fundamental pension schemes, disability and death insurance, as well as the facilitation of social security agreements with various international partners. The first Provident Fund Act, passed in 1925 for regulating the provident funds of some private concerns, was limited in scope. In 1929, the Royal Commission on Labour stressed the need for creating provident funds for industrial workers. In the Indian Labour Conference held in 1948, it was generally agreed that the introduction of a statutory provident fund for industrial workers should be undertaken. The Coal Mines Provident Fund Scheme was launched in 1948. The success of this fund led to demand for its expansion to other industries. TheRecent developments
In March 2022, the EPFO lowered the interest rate of 8.10% for the fiscal year of 2021-22. On 30 August 2022, EPFO proposed to remove the restrictions on the wage ceiling and headcount to allow all formal workers andStructure
The EPFO has the role of being the enforcement agency to oversee the implementation of the EPF&MP Act and as a service provider for the covered beneficiaries throughout the country. The Act is administered by the Central Board of Trustees (informally, the CBT), which consists of a Chairman, a Vice-Chairman, 5 Central Government representatives, 15 State Government representatives, 10 Employees' representatives, 10 Employers' representatives with Central PF Commissioner and the Member Secretary to the Board. The CBT's Executive Committee is chosen from CBT members to assist the Central Board in the discharge of its functions related to administrative matters. The officials of the organisation in the Cadre of Commissioners are appointed by the Central Board under Section 5D for the efficient administration of the Act and Schemes. To this end, the commissioners of the organisation are vested with vast powers under the statute conferring quasi-judicial authority for the assessment of financial liability on the employer, search and seizure of records, levy of damages, attachment and auction of a defaulter's property, prosecution and arrest and detention of defaulters in civil prison etc. Administratively, the organisation is divided into zones that are headed by an Additional Central Provident Fund Commissioner. At present, there are ten Zones across India. The states have one or more Regional Offices headed by Regional Provident Fund Commissioners (RPFC) (Grade I); the Regional Offices are sub-divided into Sub-Regions headed by Regional Provident Fund Commissioners (Grade II). To assist them are Assistant Provident Fund Commissioners (APFCs) looking after the enforcement of the Act and Schemes. Many district offices have an APFC to implement the scheme and attend to grievances. The total manpower of the EPFO is at present more than 20,000 including all levels. The 815 Commissioners are recruited directly and competitively through the Union Public Service Commission of India as well as through promotion from EO/AO. Enforcement Officers/Accounts Officers are also recruited directly by Union Public Service Commission (UPSC) in addition to promotion from the staff cadre of social security assistants.Universal Account Number
The Universal Account Number (UAN) is a 12-digit number allotted to employees who contribute to an EPF. A UAN is generated for each PF member by the EPFO. The UAN acts as an umbrella for the multiple Member IDs allotted to an individual by different establishments and remains the same throughout the lifetime of an employee. It does not change between jobs. The idea is to link multiple Member Identification Numbers (Member IDs) allotted to a single member under a single UAN. This will help the member to view details of all the Member Identification Numbers (Member ID) linked to it. The major benefit of the UAN is convenience when tagging multiple Member IDs of a single employee. The UAN helps with transfer and withdrawals of PF claims, online or offline. Along with these services like the Online Pass-Book, SMS services on each deposit of contribution and online KYC updates can be provided based on the UAN, which enables transfer of the balance from one EPF to another. A new (2018) UAN portal allows members to check EPF balances and UAN status, download a UAN EPF passbook, view a provident fund claim, etc. Members who are unable to withdraw PF for any reason can withdraw without the consent of the employer. They can submit FORM 19 for EPF (Employees' Provident Fund) and FORM 10C for EPS (Employees' Pension Scheme) to the EPFO office in which their EPF account is maintained. A UAN provided by EPFO is mainly used to track PF balance and PF claim status.Employees' Pension Scheme
The Employees' Pension Scheme (EPS) has been controlled by the EPFO since 1995. The main advantage of this scheme is to provide social security to PF members. Under this scheme, employees working in the organised sector can gain pension benefit after reaching age 58. This EPS applies to new and existing members. The Scheme has been framed by the Central Government in accordance with the powers conferred by section 6A of the Employees’ Provident Funds and Miscellaneous Provisions (EPF and MP) Act, 1952. The EPS-95 came into force on 19.11.1995. Review and revision of schemes is an ongoing process. The provisions of the EPS-95 are reviewed from time to time based on the recommendations of the Expert Committee and the High Empowered Monitoring Committee as well as taking into account the actuarial evaluation of the Employees' Pension Fund. Some of the important amendments made in EPS-95 are: * Increase in wage ceiling from ₹6,500 to ₹15,000 per month from 01 Sept 2014. * Provision of a minimum pension of ₹1000 per month to the pensioners under EPS, 1995 from 01.09.2014 by providing additional budgetary support wherever the pension was falling short of ₹1000 as per pre-defined formula for calculation of pension. * Restoration of normal pension after completion of fifteen years from the date of such commutation, in respect of those members who availed the benefit of commutation of pension under the erstwhile paragraph 12A of the EPS, 1995, on or before 25.09.2008 vide notification G.S.R.132(E) dated 20.02.2020.Exemption for Foreign Workers
International Workers are exempted if the worker holds a passport from a country with which India has signed a Social Security Agreement and/or the member is contributing to a Social Security Program of the country with whom India has signed a Social Security Agreement. Currently, India has entered into Social Security Agreement with following countries:EPF Wage Components on International Workers
As per the circular dated 25 May 2012 issued by the department, the wage components for the purpose of provident fund contributions in respect of International Workers shall be determined in accordance with Paragraph 29 of the Employees’ Provident Fund Scheme, 1952. Under this provision, the applicable wages include Basic Wages, Dearness Allowance, Retaining Allowance, and the Cash Value of any food concession, while excluding House Rent Allowance and other specified allowances. It is clarified that provident fund contributions are to be calculated only on these specified components and not on the gross wages of the employee. Even in instances where the employee’s monthly pay exceeds ₹15,000, the contribution remains payable without any upper ceiling, but strictly on the defined wage elements as per Paragraph 29, excluding all other components of gross pay.EPF Calculation
Provident Fund is calculated 12% on the basic allowance plus the allowances received by all the employees across the board. The cap on the calculation of basic allowance is Rs. 15000. Further, the basic plus the allowances received by all employees across the board should be considered for calculation of EPF wages, not the gross wages for the calculation of EPF dues.''Principles laid down for allowances to be excluded
# Allowances which are variable in nature; # Allowances which are linked to any incentive for production resulting in greater output by an employee; # Allowances which are not paid across the board to all employees in a particular category; # Allowance which are paid especially to those who avail the opportunity.Percentage breakup
PF dues has two contributions. One is employee’s contribution which is to be deducted from employee’s salary / wages and another is employer’s contribution which is to be added by the employer every month. However, employee’s contribution is 12% of the basic wage as per sec.2(b) of the act and employer’s share of contribution is also 12% of the basic wage as per sec.2(b) of the act. In employer contribution of 12%, 8.33% transfer to EPS (Employee Pension Scheme) and 3.67% transfer to EPF (Employee Provident Fund). Over and above, employer has to bear 0.50% as administrative charges on EPF and 0.50% as EDLI (employer’s Deposit linked Insurance) Charges. So employer has to bear total 13% of basic wage as discussed above.Landmark Judgements
APFC v/s M/s G4S Security Services (India)
Hon'bleThe Director, Centre for DNA Fingerprinting And Diagnostics, Uppal, Hyderabad v/s The Asst. Provident Fund Commissioner-II Compliance, Hyderabad & others
Honourable Telangana High Court vide WP 31702 of 2022 Delivered a Comprehensive Judgement over conducting proceedings under Section 7A of EPF & MP Act. Briefly, Hon'ble HC stated that every Commissioner must strictly comply with the instructions and guidelines stated in Circular by the department dated 14-02-2020, 01-10-2020 and 19-01-2021.The Regional Provident Fund Commissioner (II) West Bengal vs Vivekananda Vidamandir And Others
HonourableCivicon Engineering Contracting India Pvt. Ltd. vs Central Board of Trustees & Ors
Honourable Delhi High Court stated that Central Provident Fund Commissioner (‘CPFC’) shall pass immediate practice directions in respect of uploading of all orders which are passed by the Regional Provident Fund Commissioners (RPFCs), Assistant Provident Fund Commissioners (APFC), Central Government Industrial Tribunal (CGIT) and any other officials/authorities who adjudicate disputes. Hence, all orders must be made available under section 7A, 7B, 7Q and 14B on the Provident Fund's Website https://eproceedings.epfindia.gov.in by the Department.See also
*References
{{Authority control 1952 establishments in India Age pension systems Retirement in India Labour relations in India Public pension funds Business organisations based in India Government agencies of India Social security in India Government agencies established in 1952