Employee's Provident Funds Miscellaneous Provisions Act, 1952
2. Definitions
In this Act, unless the context otherwise
requires,
(a) "appropriate government" means-
(i) in relation to an
establishment belonging to, or under the control of, the Central Government or
in relation to an establishment connected with a railway company, a major port,
a mine or an oilfield or a controlled industry, or in relation to an
establishment having departments or branches in more than one State], the
Central Government; and
(ii) in relation to
any other establishment, the State Government;
(aa) "authorized officer" means the
Central Provident Fund Commissioner, Additional Central Provident Fund
Commissioner, Deputy Provident Fund Commissioner, Regional Provident Fund
Commissioner or such other officer as may be authorized by the Central
Government, by notification in the Official Gazette];
(b) "basic wages" means all emoluments
which are earned by an employee while on duty or on leave or on holidays with
wages in either case] in accordance with the terms of the contract of
employment and which are paid or payable in cash to him, but does not include:
(i) the cash value of
any food concession;
(ii) any dearness
allowance (that is to say, all cash payments by whatever name called paid to an
employee on account of a rise in the cost of living), house-rent allowance, overtime
allowance, bonus, commission or any other similar allowance payable to the
employee in respect of his employment or of work done in such employment;
(iii) any presents
made by the employer;
(c) "contribution" means a
contribution payable in respect of a member under a scheme [or the contribution
payable in respect of an employee to whom the Insurance Scheme applies] ;
(d) "controlled industry" means any
industry the control of which by the Union has been declared by a Central Act
to be expedient in the public interest;
(e) "employer" means:
(i) in relation to an
establishment which is a factory, the owner or occupier of the factory,
including the agent of such owner or occupier, the legal representative of a
deceased owner or occupier and, where a person has been named as a manager of
the factory under clause (f) of sub-section (1) of section 7 of the Factories
Act, 1948, the person so named; and
(ii) in relation to
any other establishment, the person who, or the authority which, has the ultimate
control over the affairs of the establishment, and where the said affairs are
entrusted to a manager, managing director or managing agent, such manager,
managing director or managing agent];
(f) "employee" means any person who
is employed for wages in any kind of work, manual or otherwise, in or in
connection with the work of [an establishment], and who gets his wages directly
or indirectly from the employer, [and includes any person
(i) employed by or
through a contractor in or in connection with the work of the establishment;
(ii) engaged as an
apprentice, not being an apprentice engaged under the Apprentices Act, 1961, or
under the standing orders of the establishment];
(ff)"exempted employee" means an
employee to whom a Scheme or the Insurance Scheme, as the case may be,] would,
but for the exemption granted under section 17, have applied;
(fff) "exempted [establishment]"
means [an establishment] in respect of which an exemption has been granted
under section 17 from the operation of all [or any of the provisions of any
Scheme or the Insurance Scheme, as the case may be], whether such exemption has
been granted to the 16[establishment] as such or to any person or
class of persons employed therein];
(g) "factory" means any premises, including
the precincts thereof, in any part of which a manufacturing process is being
carried on or is ordinarily so carried on, whether with the aid of power or
without she aid of power;
(gg) ***
(ggg) *** ]
(h) "Fund" means the provident fund established
under a Scheme;
(i) "industry" means any industry
specified in Schedule I, and includes any other industry added to the Schedule
by notification under section 4;
(ia) "Insurance Fund" means the
Deposit-linked Insurance Fund established under sub-section (2) of section 6C;
(ib) "Insurance Scheme" means the
Employees' Deposit-linked Insurance Scheme framed under sub-section (1) of
section 6C];
(ic)] "manufacture" or
"manufacturing process" means any process for making, altering,
repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking
up, demolishing, or otherwise treating or adapting any article or substance
with a view to its use, sale, transport, delivery or disposal] ;
(j) "member" means a member of the
fund;
(k) "occupier of a factory" means
the person who has ultimate control over the affairs of the factory, and, where
the said affairs are entrusted to a managing agent, such agent shall be deemed
to be the occupier of the factory;
(kA) "Pension Fund" means the
Employees' Pension Fund established under sub-section (2) of section 6A;
(kB) "Pension Scheme" means the
Employees' Pension Scheme framed under sub-section (1) of section 6A; ]
(ka) "prescribed" means prescribed
by rules made under this Act;
(kb) "Recovery Officer" means any
officer of the Central Government, State Government or the Board of Trustees
constituted under section 5A, who may be authorized by the Central Government,
by notification in the Official Gazette, to exercise the powers of a Recovery
Officer under this Act] ;
(l) "scheme" means the Employees'
Provident Fund Scheme framed under section 5];
(ll) "superannuation", in relation
to an employee who is the member of the Pension Scheme, means the attainment,
by the said employee, of the age of fifty-eight years".]
(m) "Tribunal" means the Employees'
Provident Funds Appellate Tribunal constituted under section 7D].