Rekha was an employee of State Power Generation Ltd. As informed to her, the company has a Trust for Contributory Provident Fund, as provisions of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 are not
CS Executive · Setting Up of Business, Industrial and Labour Laws · PYQS · December 2025
Rekha was an employee of State Power Generation Ltd. As informed to her, the company has a Trust for Contributory Provident Fund, as provisions of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 are not applicable to it. After working for more than 7 years, Rekha left State Power Generation Ltd. and joined XYZ Ltd., having more than 1000 employees on the roll. The HR department of XYZ Ltd. informed Rekha that the amount of the provident fund in State Power Generation Ltd. cannot be transferred to EPFO, as the provisions of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 are applicable to the company. In above given situation, answer the following: In which cases provision of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 are not applicable ?
Answer & Explanation:
Section 16(1) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 provides that the Act shall not apply to certain establishments as stated thereunder. Such establishments include (a) establishments registered under the Co-operative Societies Act, 1912, or under any other law for the time being in force in any State relating to co-operative societies, employing less than 50 persons and working without the aid of power; or (b) to any other establishment belonging to or under the control of the Central Government or a State Government and whose employees are entitled to the benefit of contributory provident fund or old age pension in accordance with any scheme or rule framed by the Central Government or the State Government governing such benefits; or (c) to any other establishment set up under any Central, Provincial or State Act and whose employees are entitled to the benefits of contributory provident fund or old age pension in accordance with any scheme or rule framed under that Act governing such benefits. According to Section 16(2), if the Central Government is of opinion that having regard to the financial position of any class of establishments or other circumstances of the case, it is necessary or expedient so to do, it may, by notification in the Official Gazette, and subject to such conditions as may be specified in the notification, exempt that class of establishments from the operation of this Act for such period as may be specified in the notification
Topics: Industrial and Labour Laws
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