Labour Code Advisor

CHAPTER I - PRELIMINARY

Section 17. Power to exempt.

(1) The appropriate Government may, by notification in the Official Gazette and subject to such conditions as may be specified in the notification, 2[exempt, whether prospectively or retrospectively, from the operation] of all or any of the provisions of any Scheme—

(a) any 3[establishment] to which this Act applies if, in the opinion of the appropriate Government, the rules of its provident fund with respect to the rates of contribution are not less favourable than those specified in section 6 and the employees are also in enjoyment of other provident fund benefits which on the whole are not less favourable to the employees than the benefits provided under this Act or any Scheme in relation to the employees in any other 3[establishment] of a similar character; or

(b) and 3[establishment] if the employees of such 3[establishment] are in enjoyment of benefits in the nature of provident fund, pension or gratuity and the appropriate Government is of opinion that such benefits, separately or jointly, are on the whole not less favourable to such employees than the benefits provided under this Act or any Scheme in relation to employees in any other 3[establishment] of a similar character:

4[Provided that no such exemption shall be made except after consultation with the Central Board which on such consultation shall forward its views on exemption to the appropriate Government within such time limit as may be specified in the Scheme.]

5* * * * *

6[(1A) Where an exemption has been granted to an establishment under clause (a) of sub-section (1),—

(a) the provisions of sections 6, 7A, 8 and 14B shall, so far as may be, apply to the employer of the exempted establishment in addition to such other conditions as may be specified in the notification granting such exemption, and where such employer contravenes, or makes default in complying with any of the said provisions or conditions or any other provisions of this Act, he shall be punishable under section 14 as if the said establishment had not been exempted under the said clause (a);

(b) the employer shall establish a Board of Trustees for the administration of the provident fund consisting of such number of members as may be specified in the Scheme;

(c) the terms and conditions of service of members of the Board of Trustees shall be such as may be specified in the Scheme;

(d) the Board of Trustees constituted under clause (b) shall—

(i) maintain detailed accounts to show the contributions credited, withdrawals made and interest accrued in respect of each employee;

(ii) submit such returns to the Regional Provident Fund Commissioner or any other officer as the Central Government may direct from time to time;

(iii) invest the provident fund monies in accordance with the directions issued by the Central Government from time to time;

(iv) transfer, where necessary, the provident fund account of any employee; and

(v) perform such other duties as may be specified in the Scheme.

(1B) Where the Board of Trustees established under clause (b) of sub-section (1A) contravenes, or makes default in complying with, any provisions of clause (d) of that sub-section, the Trustees of the said Board shall be deemed to have committed an offence under sub-section (2A) of section 14 and shall be punishable with the penalties provided in that sub-section.

1[(1C)The appropriate Government may, by notification in the Official Gazette, and subject to the condition on the pattern of investment of pension fund and such other conditions as may be specified therein, exempt any establishment or class of establishments from the operation of the Pension Scheme if the employees of such establishment or class of establishments are either members of any other pension scheme or propose to be members of such pension scheme, where the pensionary benefits are at par or more favourable than the Pension Scheme under this Act.]]

(2) Any Scheme may make provision for exemption of any person or class of persons employed in any 2[establishment] to which the Scheme applies from the operation of all or any of the provisions of the Scheme, if such person or class of persons is entitled to benefits in the nature of provident fund, gratuity or old age pension and such benefits, separately or jointly, are on the whole not less favourable than the benefits provided under this Act or the Scheme:

Provided that no such exemption shall be granted in respect of a class of persons unless the appropriate Government is of opinion that the majority of persons constituting such class desire to continue to be entitled to such benefits.

3[(2A) 4[The Central Provident Fund Commissioner may, if requested so to do by the employer, by notification in the Official Gazette, and subject to such conditions as may be specified in the notification, exempt, whether prospectively or retrospectively, any establishment from the operation of all or any of the provisions of the Insurance Scheme, if he is satisfied] that the employees of such establishment are, without making any separate contribution or payment of premium, in enjoyment of benefits in the nature of life insurance, whether linked to their deposits in provident fund or not, and such benefits are more favourable to such employees than the benefits admissible under the Insurance Scheme.

(2B) Without prejudice to the provisions of sub-section (2A), the Insurance Scheme may provide for the exemption of any person or class of persons employed in any establishment and covered by that Scheme from the operation of all or any of the provisions thereof, if the benefits in the nature of life insurance admissible to such person or class of persons are more favourable than the benefits provided under the Insurance Scheme.]

1[(3) Where in respect of any person or class of persons employed in an establishment an exemption is granted under this section from the operation of all or any of the provisions of any Scheme (whether such exemption has been granted to the establishment wherein such person or class of persons is employed or to the person or class of persons as such), the employer in relation to such establishment—

(a) shall, in relation to the provident fund, pension and gratuity to which any such person or class of persons is entitled, maintain such accounts, submit such returns, make such investment, provide for such facilities for inspection and pay such inspection charges, as the Central Government may direct;

(b) shall not, at any time after the exemption, without the leave of the Central Government, reduce the total quantum of benefits in the nature of pension, gratuity or provident fund to which any such person or class of persons was entitled at the time of the exemption; and

(c) shall, where any such person leaves his employment and obtains re-employment in another establishment to which this Act applies, transfer within such time as may be specified in this behalf by the Central Government, the amount of accumulations to the credit of that person in the provident fund of the establishment left by him to the credit of that person‟s account in the provident fund of the establishment in which he is re-employed or, as the case may be, in the Fund established under the Scheme applicable to the establishment.

2[(3A) Where, in respect of any person or class of persons employed in any establishment, an exemption is granted under sub-section (2A) or sub-section (2B) from the operation of all or any of the provisions of the Insurance Scheme (whether such exemption is granted to the establishment wherein such person or class of persons is employed or to the person or class of persons as such), the employer in relation to such establishment—

(a) shall, in relation to the benefits in the nature of life insurance, to which any such person or class of persons is entitled, or any insurance fund, maintain such accounts, submit such returns, make such investments, provide for such facilities for inspection and pay such inspection charges, as the Central Government may direct;

(b) shall not, at any time after the exemption without the leave of the Central Government, reduce the total quantum of benefits in the nature of life insurance to which any such person or class of persons was entitled immediately before the date of the exemption;3***

4* * * * *

(4) Any exemption granted under this section may be cancelled by the authority which granted it, by order in writing, if an employer fails to comply,—

(a) in the case of an exemption granted under sub-section (1), with any of the conditions imposed under that sub-section 5[or sub-section (1A)] or with any of the provisions of sub-section (3); 6***

7[(aa) in the case of an exemption granted under sub-section 8[(IC)], with any of the conditions imposed under that sub-section; and]

(b) in the case of an exemption granted under sub-section (2), with any of the provisions of sub-section (3);

1[(c) in the case of an exemption granted under sub-section (2A), with any of the conditions imposed under that sub-section or with any of the provisions of sub-section (3A);

(d) in the case of an exemption granted under sub-section (2B), with any of the provisions of sub-section (3A).]

2[(5) Where any exemption granted under sub-section (1), sub-section 3[(IC)] 4[, sub-section (2), sub-section (2A) or sub-section (2B)] is cancelled, the amount of accumulations to the credit of every employee to whom such exemption applied, in the provident fund 4[the 5[pension] fund or the insurance fund] of the establishment in which he is employed 6[together with any amount forfeited from the employer‟s share of contribution to the credit of the employee who leaves the employment before the completion of the full period of service] shall be transferred within such time and in such manner as may be specified in the Scheme or the 5[Pension] Scheme 4[or the Insurance Scheme] to the credit of his account in the Fund or the 5[Pension] Fund 4[or the Insurance Fund], as the case may be.

(6) Subject to the provisions of sub-section 3[(IC)] the employer of an exempted establishment or of an exempted employee of an establishment to which the provisions of the 5[Pension] Scheme apply, shall, notwithstanding any exemption granted under sub-section (1) or sub-section (2), pay to the 5[Pension] Fund such portion of the employer‟s contribution 7*** to its provident fund within such time and in such manner as may be specified in the 5[Pension] Scheme.]]]

View Act Footnotes

Note: In the legacy archives, footnotes are grouped by original PDF page numbers rather than by section.

Page 3

  • 1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule: Pondicherry by Reg.7 of 1963, s. 3 and the First Schedule and Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Schedule.
  • 2. Subs. by Act 99 of 1976, s. 16, for “and family pension fund” (w.e.f. 1-8-1976).
  • 3. Subs. by Act 25 of 1996, s. 2, for “family pension fund” (w.e.f. 16-11-1995).
  • 4. Subs. by Act 99 of 1976, s. 17, for sub-section (1) (w.e.f. 1-8-1976).
  • 5. The Words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019) and extended to the Union territory of Jammu and Kashmir and Union territory of Ladakh by notification No. S.O.3962(E), Part II-section 3-Sub-section (ii) dated 31-10-20 (w.e.f. 1-1-2020).
  • 6. Subs. by Act 94 of 1956, s. 2, for sub-section (3).
  • 7. Subs. by Act 46 of 1960, s. 2, for “fifty” (w.e.f. 31-12-1960).
  • 8. Subs. by Act 33 of 1988, s. 2, for sub-section (4) (w.e.f. 1-8-1988).
  • 9. Ins. by Act 46 of 1960, s. 2 (w.e.f. 31-12-1960).10. The proviso omitted by Act 16 of 1971, s. 13 (w.e.f. 23-4-1971).11. Subs. by Act 22 of 1958, s. 2, for clause (a).

Page 4

  • 1. Ins. by Act 22 of 1965, s. 2 (w.e.f. 24-11-1964).
  • 2. Ins. by Act 33 of 1988, s. 3 (w.e.f. 1-8-1988).
  • 3. Subs. by s. 3, ibid., for “on leave with wages” (w.e.f. 1-8-1988).
  • 4. Ins. by Act 99 of 1976, s. 18 (w.e.f. 1-8-1976).
  • 5. Subs. by Act 94 of 1956, s. 4, for clause (e).
  • 6. Subs. by ibid., s. 3, for “a factory”.
  • 7. Subs. by Act 33 of 1988, s. 3, for “and includes any person employed by or through a contractor in or in connection with thework of the establishment” (w.e.f. 1-8-1988).

Page 5

  • 1. Ins. by Act 37 of 1953, s. 3.
  • 2. Ins. by Act 99 of 1976, s. 18 (w.e.f. 1-8-1976).
  • 3. The words, brackets and figure “sub-section (1) of” omitted by Act 28 of 1963, s. 2 (w.e.f. 30-11-1963).
  • 4. Subs. by Act 94 of 1956, s. 3, for “factory”.
  • 5. Subs. by s. 3, ibid., for “a factory”.
  • 6. Omitted by Act 25 of 1996, s. 3 (w.e.f. 16-11-1995).
  • 7. Subs. by Act 28 of 1963, s. 2, for clause (ia) (w.e.f. 30-11-1963).
  • 8. Clause (ia) re-lettered as clause (ic) by Act 99 of 1976, s. 18 (w.e.f. 1-8-1976).
  • 9. Ins. by Act 25 of 1996, s. 3 (w.e.f. 16-11-1995).10. Ins. by Act 33 of 1988, s. 3 (w.e.f. 1-8-1988).

Page 6

  • 1. Subs. by Act 16 of 1971, s. 14, for clause (l) (w.e.f. 23-4-1971).
  • 2. Ins. by Act 25 of 1996, s. 3 (w.e.f. 16-11-1995).
  • 3. Ins. by Act 7 of 2017, s. 159 (w.e.f. 26-5-2017).
  • 4. Ins. by Act 46 of 1960, s. 3 (w.e.f. 31-12-1960).
  • 5. Subs. by Act 94 of 1956, s. 5, for section 3.
  • 6. Section 5 re-numbered as sub-section (1) thereof by Act 37 of 1953, s. 4.
  • 7. Subs. by Act 94 of 1956, s. 3, for “factories”.
  • 8. Added by Act 37 of 1953, s. 4.
  • 9. Ins. by Act 28 of 1963, s. 3 (w.e.f. 30-11-1963).10. Ins. by Act 37 of 1953, s. 4.

Page 7

  • 1. Ins. by Act 28 of 1963, s. 4.
  • 2. Subs. by Act 33 of 1988, s. 4, for “persons” (w.e.f. 1-8-1988).
  • 3. Subs. by s. 4, ibid., for “a chairman” (w.e.f. 1-8-1988).
  • 4. Ins. by s. 4, ibid. (w.e.f. 1-8-1988).
  • 5. Subs. by s. 4, ibid., for “six persons” (w.e.f. 1-8-1988).
  • 6. Ins. by Act 16 of 1971, s. 15 (w.e.f. 23-4-1971).
  • 7. Ins. by Act 99 of 1976, s. 19 (w.e.f. 1-8-1976).
  • 8. Subs. by s. 19, ibid., for “and the Family Pension Scheme” (w.e.f. 1-8-1976).
  • 9. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995).10. Ins. by Act 33 of 1988, s. 4 (w.e.f. 1-8-1988).

Page 8

  • 1. Ins. by Act 33 of 1988, s. 5 (w.e.f. 1-8-1988).
  • 2. Subs. by Act 33 of 1988, s. 6, for certain words (w.e.f. 1-8-1988).

Page 9

  • 1. Ins. by Act 33 of 1988, s. 6. (w.e.f. 1-8-1988).
  • 2. Subs. by Act 99 of 1976, s. 20, for “and the Family Pension Scheme” (w.e.f. 1-8-1976).
  • 3. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995).
  • 4. Subs. by Act 33 of 1988, s. 6, for certain words (w.e.f. 1-8-1988).
  • 5. Subs. by s. 6, ibid., for “Class I or Class II post” (w.e.f. 1-8-1988).
  • 6. Subs. by s. 6, ibid., for “,Deputy Provident Fund Commissioner and Regional Provident Fund Commissioner”(w.e.f. 1-8-1988).
  • 7. Subs. by s. 6, ibid., for sub-section (7) (w.e.f. 1-8-1988).

Page 10

  • 1. Ins. by Act 33 of 1988, s. 7. (w.e.f. 1-8-1988).
  • 2. Subs. by s. 8, ibid., for certain words (w.e.f. 1-8-1988).
  • 3. Subs. by Act 99 of 1976, s. 20, for “and the Family Pension Scheme” (w.e.f. 1-8-1976).
  • 4. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995).
  • 5. The brackets and figure “(1)” omitted by Act 28 of 1963, s. 5 (w.e.f. 30-11-1963).
  • 6. Subs. by Act 10 of 1998, s. 2, for “eight and one-third per cent.” (w.e.f. 22-9-1997).
  • 7. Subs. by Act 46 of 1960, s. 4, for “and the dearness allowance” (w.e.f. 31-12-1960).
  • 8. Ins. by Act 28 of 1963, s. 5 (w.e.f. 30-11-1963).
  • 9. Subs. by Act 33 of 1988, s. 9, for certain words (w.e.f. 1-8-1988).10. Subs. by Act 10 of 1998, s. 2, for “ten per cent.” (w.e.f. 22-9-1997).11. The Explanation re-numbered as Explanation1 by Act 46 of 1960, s. 4 (w.e.f. 31-12-1960).12. Subs. by Act 28 of 1963, s. 5, for “sub-section” (w.e.f. 30-11-1963).13. The Explanation ins. by Act 46 of 1960, s. 4 (w.e.f. 31-12-1960).14. Omitted by Act 28 of 1963, s. 5 (w.e.f. 30-11-1963).

Page 11

  • 1. Subs. by Act 25 of 1996, s. 5, for sections 6A and 6B (w.e.f. 16-11-1995).
  • 2. Ins. by Act 99 of 1976, s. 21 (w.e.f. 1-8-1976).

Page 12

  • 1. Omitted by Act 25 of 1996, s. 6 (w.e.f. 16-11-1995).
  • 2. Ins. by Act 4 of 1986, s. 2 and Schedule (w.e.f. 15-5-1986).
  • 3. Subs. by Act 99 of 1976, s. 22, for “amend or vary the Scheme or the Family Pension Scheme, as the case may be”(w.e.f. 1-8-1976).
  • 4. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995).
  • 5. Subs. by Act 4 of 1986, s. 2 and Schedule, for sub-section (2) (w.e.f. 15-5-1986).

Page 13

  • 1. Ins. by Act 28 of 1963, s. 6 (w.e.f. 30-11-1963).
  • 2. Subs. by Act 33 of 1988, s. 10, for sub-section (1) (w.e.f. 1-8-1988).
  • 3. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995).
  • 4. The words “determining the amount due from employer” omitted by Act 33 of 1988, s. 10. (w.e.f. 1-8-1988).
  • 5. Subs. by s. 10, ibid., for “the employer” (w.e.f. 1-8-1988).
  • 6. Ins. by s. 10, ibid. (w.e.f. 1-8-1988).
  • 7. Subs. by s. 10, ibid., for sub-section (4) (w.e.f. 1-8-1988).

Page 14

  • 1. Ins. by Act 33 of 1988, s. 11(w.e.f. 1-7-1977).

Page 15

  • 1. Subs. by Act 7 of 2017, s. 159, for section 7D (w.e.f. 26-5-2017).

Page 16

  • 1. Subs. by Act 37 of 1953, s. 6, for section 8.
  • 2. Subs. by Act 94 of 1956, s. 3, for “a factory”.
  • 3. Subs. by Act 99 of 1976, s. 24, for “Scheme” (w.e.f. 1-8-1976).
  • 4. Subs. by s. 24, ibid., for “the Fund” (w.e.f. 1-8-1976).
  • 5. Ins. by Act 28 of 1963, s. 7 (w.e.f. 30-11-1963).
  • 6. Subs. by Act 94 of 1956, s. 3, for “factory”.
  • 7. Subs. by Act 16 of 1971, s. 21, for “under section 17” (w.e.f. 23-4-1971).
  • 8. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995).
  • 9. Subs. by Act 40 of 1973, s. 2, for certain words (w.e.f. 1-11-1973).10. Subs. by Act 33 of 1988, s. 12, for certain words (w.e.f. 1-7-1990).11. Ins. by Act 28 of 1963, s. 8 (w.e.f. 30-11-1963).12. Subs. by Act 99 of 1976, s. 25, for certain words (w.e.f. 1-8-1976).13. The words “on the basis of such contribution” omitted by Act 33 of 1988, s. 13. (w.e.f. 1-8-1988).

Page 17

  • 1. Ins. by Act 99 of 1976, s. 25 (w.e.f. 1-8-1976).
  • 2. Ins. by Act 33 of 1988, s. 14 (w.e.f. 1-7-1990).

Page 20

  • 1. Ins. by Act 37 of 1953, s. 7.
  • 2. Ins. by s. 8, ibid.
  • 3. Subs. by s. 8, ibid., for sub-section (2).
  • 4. Added by Act 33 of 1988, s. 15 (w.e.f. 1-8-1988).
  • 5. Ins. by Act 16 of 1971, s. 22 (w.e.f. 23-4-1971).
  • 6. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f.16-11-1995).
  • 7. Ins. by Act 99 of 1976, s. 26 (w.e.f. 1-8-1976).
  • 8. Section 11 re-numbered as sub-section (1) of that section by Act 40 of 1973, s. 3 (w.e.f. 1-11-1973).
  • 9. Subs. by Act 37 of 1953, s. 9, for certain words.10. Subs. by Act 94 of 1956, s. 3, for “a factory”.11. Subs. by Act 99 of 1976, s. 27, for “Scheme” (w.e.f. 1-8-1976).12. Ins. by s. 27, ibid. (w.e.f. 1-8-1976).

Page 21

  • 1. Subs. by Act 99 of 1976, s. 27, for “Scheme” (w.e.f. 1-8-1976).
  • 2. Subs. by Act 94 of 1956, s. 3, for “Factory”
  • 3. Subs. by Act 99 of 1976, s. 27, for “the provident fund” (w.e.f. 1-8-1976).
  • 4. Ins. by Act 16 of 1971, s. 23 (w.e.f. 23-4-1971).
  • 5. Subs. by Act 40 of 1973, s. 3, for certain words (w.e.f. 1-11-1973).
  • 6. Ins. by Act 99 of 1976, s. 27 (w.e.f. 1-8-1976).
  • 7. Ins. by Act 40 of 1973, s. 3 (w.e.f. 1-11-1973).
  • 8. Subs. by Act 33 of 1988, s. 16, for certain words (w.e.f. 1-8-1988).
  • 9. Subs. by Act 37 of 1953, s. 10, for section 12.10. Subs. by Act 94 of 1956, s. 3, for “a factory”.11. Subs. by Act 99 of 1976, s. 28, for “Scheme” (w.e.f. 1-8-1976).12 Subs. by s. 28, ibid., for “the Fund” (w.e.f. 1-8-1976).13. Subs. by s. 28, ibid., “or provident Fund” (w.e.f. 1-8-1976).14. Subs. by Act 16 of 1971, s. 24, for “or of any Scheme” (w.e.f. 23-4-1971).15. Subs. by Act 90 of 1976, s. 29, for “or the Family Pension Scheme” (w.e.f. 1-8-1976).16. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995).

Page 22

  • 1. Subs. by Act 99 of 1976, s. 29, for “Scheme” (w.e.f. 1-8-1976).
  • 2. Ins. by Act 37 of 1953, s. 11.
  • 3. Subs b Act 94 of 1956, s. 3, for “a factory”.
  • 4. Subs. by s. 3, ibid., for “factory”
  • 5. Ins. by Act 28 of 1963, s. 9 (w.e.f. 30-11-1963).
  • 6. The words “in relation to the Scheme” omitted by Act 37 of 1953, s. 11.
  • 7. Subs. by Act 28 of 1963, s. 9, for “enter” (w.e.f. 30-11-1963).
  • 8. Subs. by s. 9, ibid., for clause (d) (w.e.f. 30-11-1963).
  • 9. Ins. by Act 16 of 1971, s. 24.10. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995).11. Sub-section (2A) re-numbered as sub-section (2B) by s. 24, ibid. (w.e.f. 23-4-1971).12. Ins. by s. 24, ibid. (w.e.f. 23-4-1971).13. Omitted by Act 33 of 1988, s. 17 (w.e.f. 1-8-1988).

Page 23

  • 1. Subs. by Act 16 of 1971, s. 25, for “or under any Scheme”.
  • 2. Subs. by Act 99 of 1976, s. 30, for “or the Family Pension Scheme” (w.e.f. 7-9-1976).
  • 3. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995).
  • 4. Subs. by Act 33 of 1988, s. 18, for “six months, or with fine which may extend to one thousand rupees, or with both”(w.e.f. 1-8-1988).
  • 5. Ins. by Act 40 of 1973, s. 4 (w.e.f. 1-11-1973).
  • 6. Subs. by Act 33 of 1988, s. 18, for “six months” (w.e.f. 1-8-1988).
  • 7. Subs. by s. 18, ibid., for “three months” (w.e.f. 1-8-1988).
  • 8. Subs. by Act 33 of 1988,s. 18 (w.e.f. 1-8-1988).
  • 9. The words “and shall also be liable to fine which may extend to two thousand rupees” omitted by s. 18, ibid. (w.e.f. 1-8-1988).10. The words “or of fine only in lieu of imprisonment” omitted by s. 18, ibid. (w.e.f. 1-8-1988).11. Ins. by Act 99 of 1976, s. 30 (w.e.f. 7-9-1976).12. Subs. by Act 33 of 1988, s. 18, for “six months” (w.e.f. 1-8-1988).13. Subs. by s. 18, ibid., for “one month” (w.e.f. 1-8-1988).14. Subs. by s. 18, ibid., for “two thousand rupees” (w.e.f. 1-8-1988).15. The words “or of fine only in lieu of imprisonment” omitted by s. 18, ibid. (w.e.f. 1-8-1988).16. Subs. by Act 40 of 1973, s. 4, for “the scheme” (w.e.f. 1-11-1973).17. Subs. by Act 99 of 1976, s. 30, “or the family pension” (w.e.f. 7-9-1976).18. Ins. by Act 37 of 1953, s. 12.

Page 24

  • 1. Subs. by Act 33 of 1988, s. 18, for “six months, or with fine which may extend to one thousand rupees, or with both”(w.e.f. 1-8-1988).
  • 2. Omitted by Act 40 of 1973, s. 4 (w.e.f. 1-11-1973).
  • 3. Ins. by Act 37 of 1953, s. 13.
  • 4. Subs. by Act 16 of 1971, s. 26, for “or the scheme made thereunder”.
  • 5. Subs. by Act 99 of 1976, s. 31, for “the family pension scheme” (w.e.f. 7-9-1976).
  • 6. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995).
  • 7. Ins. by Act 40 of 1973, s. 5.
  • 8. Subs. by Act 33 of 1988, s. 19, for “one year but which shall not be less than three months and shall also be liable to finewhich may extend to four thousand rupees” (w.e.f. 1-8-1988).

Page 25

  • 1. Subs. by Act 99 of 1976, s. 31, for “the family pension scheme” (w.e.f. 7-9-1976).
  • 2. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995).
  • 3. Subs. by Act 99 of 1976, s. 32, for “or the family pension fund” (w.e.f. 1-8-1976).
  • 4. Ins. by Act 28 of 1963, s. 10 (w.e.f. 30-11-1963).
  • 5. Subs. by Act 99 of 1976, s. 32, for “any scheme” (w.e.f. 1-8-1976).
  • 6. Subs. by Act 40 of 1973, s. 6, for “the appropriate Government” (w.e.f. 1-11-1973).
  • 7. Subs. by Act 33 of 1988, s. 20, for “from the employer such damages, not exceeding the amount of arrears as it may think fit toimpose” (w.e.f. 1-9-1991).
  • 8. Ins. by Act 40 of 1973, s. 6 (w.e.f. 1-11-1973).
  • 9. Ins. by Act 33 of 1988, s. 20 (to be notified).10. Ins. by Act 40 of 1973, s. 7 (w.e.f. 1-11-1973).11. Subs. by Act 99 of 1976, s. 33, for “or the Family Pension Fund” (w.e.f. 1-8-1976).12. Subs. by Act 37 of 1953, s. 14, for certain words.13. Subs. by Act 94 of 1956, s. 3, for “a factory”.

Page 26

  • 1. Subs. by Act 94 of 1956, s. 3, for “factory”.
  • 2. Subs. by Act 37 of 1953, s. 14, for certain words.
  • 3. Subs. by Act 94 of 1956, s. 3, for “a factory”.
  • 4. Subs. by Act 46 of 1960, s. 5, for sub-section (1) (w.e.f. 31-12-1960).
  • 5. Subs. by Act 33 of 1988, s. 21, for clause (b) (w.e.f. 1-8-1988).
  • 6. The word “or” omitted by Act 10 of 1998, s. 5 (w.e.f. 22-9-1997).
  • 7. Omitted by s. 5, ibid. (w.e.f. 22-9-1997).
  • 8. Ins. by Act 37 of 1953, s. 15.
  • 9. Subs. by Act 94 of 1956, s. 3, for “factories”.10. Ins. by Act 33 of 1988, s. 21 (w.e.f. 1-8-1988).11.Section 16 A shall stand ins (date to be notified) by s. 22, ibid.

Page 27

  • 1. Subs. by Act 37 of 1953, s. 16, for section 17.
  • 2. Subs. by Act 33 of 1988, s. 23, for certain words (w.e.f. 1-10-1988).
  • 3. Subs. by Act 94 of 1956, s. 3, for “factory”.
  • 4. Added by Act 33 of 1988, s. 23 (w.e.f. 1-10-1988).
  • 5. The Explanation omitted by Act 28 of 1963, s. 11 (w.e.f. 30-11-1963).
  • 6. Subs. by Act 33 of 1988, s. 23, for sub-section (IA) (w.e.f. 1-10-1988).

Page 28

  • 1. Subs. by Act 25 of 1996, s. 7, for sub-section (IC) (w.e.f. 16-11-1996).
  • 2. Subs. by Act 94 of 1956, s. 3, for “factory”.
  • 3. Ins. by Act 99 of 1976, s. 34 (w.e.f. 1-8-1976).
  • 4. Subs. by Act 33 of 1988, s. 23, for certain words (w.e.f. 1-10-1988).

Page 29

  • 1. Subs. by Act 28 of 1963, s. 11, for sub-section (3) (w.e.f. 30-11-1963).
  • 2. Ins. by Act 99 of 1976, s. 34 (w.e.f. 1-8-1976).
  • 3. The word “and” omitted by Act 33 of 1988, s. 23 (w.e.f. 1-10-1988).
  • 4. Omitted by s. 23, ibid. (w.e.f. 1-10-1988).
  • 5. Ins. by Act 33 of 1988, s. 23 (w.e.f. 1-10-1988).
  • 6. The word “and” omitted by Act 16 of 1971, s. 27 (w.e.f. 23-4-1971).
  • 7. Ins. by s. 27, ibid. (w.e.f. 23-4-1971).
  • 8. Subs. by Act 33 of 1988, s. 23, for “(IA)” (w.e.f. 1-10-1985).

Page 30

  • 1. Ins. by Act 99 of 1976, s. 34 (w.e.f. 1-8-1976).
  • 2. Subs. by Act 16 of 1971, s. 27, for sub-section (5) (w.e.f. 23-4-1971).
  • 3. Subs. by Act 33 of 1988, s. 23, for “(IA)” (w.e.f. 1-10-1985).
  • 4. Subs. by Act 99 of 1976, s. 27, for certain words (w.e.f. 1-8-1976).
  • 5. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995).
  • 6. Ins. by Act 33 of 1988, s. 23 (w.e.f. 1-10-1988).
  • 7. The words “as well as the employees‟ Contribution” omitted by Act 25 of 1996, s. 7 (w.e.f. 16-11-1995).
  • 8. Ins. by Act 28 of 1963, s. 12 (w.e.f. 30-11-1963).
  • 9. Ins. by Act 99 of 1976, s. 35 (w.e.f. 1-8-1976).10. Ins. by Act 40 of 1973, s. 8 (w.e.f. 1-11-1973).

Page 31

  • 1. Subs. by Act 99 of 1976, s. 31, for “the Family Pension Scheme” (w.e.f. 7-9-1976).
  • 2. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995).
  • 3. Subs. by Act 33 of 1988, s. 24, for section 18 (w.e.f. 1-8-1988).
  • 4. Subs. by Act 7 of 2017, s. 159, for section 18A (w.e.f. 26-5-2017).
  • 5. Subs. by Act 37 of 1953, s. 17, for section 19.
  • 6. Subs. by Act 16 of 1971, s. 29, for “or any scheme”.
  • 7. Subs. by Act 99 of 1976, s. 37, for “or the family scheme”.
  • 8. Subs. by Act 33 of 1988, s. 25, for section 19A (w.e.f. 1-7-1997).
  • 9. Clause (a) omitted by Act 7 of 2017, s. 159 (w.e.f. 26-5-2017).

Page 33

  • 1. The words “or production” omitted by Act 37 of 1953, s. 18.
  • 2. Added by Notification No. S.R.O. 1566, dated the 4th July, 1956, see Gazette of India, Part II, sec. 3 (w.e.f. 31-7-1956).
  • 3. Added by Notification No. S.R.O. 2026, dated the 3rd September, 1956, see Gazette of India, Part II, sec. 3 (w.e.f. 30-9-1956).

Page 34

  • 1. Added by Notification No. S.R.O. 1976, dated the 8th June, 1957, seeGazette of India, Part II, sec. 3 (w.e.f. 31-7-1957).
  • 2. Added by Notification No. S.R.O. 218, dated the 12th January, 1957, see Gazette of India, Part II, sec. 3 (w.e.f. 31-1-1957).
  • 3. Added by Notification No. S.R.O. 3067, dated the 19th September, 1957, see Gazette of India, Part II, sec. 3(w.e.f. 30-11-1957).
  • 4. Added by Notification No. G.S.R. 170, dated the 12th March, 1958, see Gazette of India, Part II, sec. 3 (w.e.f. 30-4-1958).
  • 5. Added by Notification No. G.S.R. 312, dated the 5th March, 1960, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-5-1960).
  • 6. Added by Notification No. G.S.R. 632, dated the 30th May, 1960, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-6-1960).
  • 7. Added by Notification No. G.S.R. 683, dated the 9th May, 1960, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-6-1960).
  • 8.Added by Notification No. G.S.R. 1443, dated the 24th November, 1960, see Gazette of India, Part II, sec. 3(i)(w.e.f. 31-12-1960).
  • 9. Added by Notification No. G.S.R. 535, dated the 10th April, 1961, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-5-1961).10. Added by Notification No. G.S.R. 705, dated the 30th May, 1961, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-6-1961).11. Added by Notification No. G.S.R. 993, dated the 29th July, 1961, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-8-1961).12. Added by Notification No. G.S.R. 1382, dated the 4th November, 1961, see Gazette of India, Part II, sec. 3(i)(w.e.f. 30-11-1961).13. Added by Notification No. G.S.R. 786, dated the 6th June, 1962, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-6-1962) asamended by Notification No. G.S.R. 1461, dated the 29th August, 1963.

Page 35

  • 1. Added by Notification No. G.S.R. 1125, dated the 18th August, 1962, see Gazette of India, Part II, sec. 3(i) (w.e.f 30-9-1962).
  • 2. Added by Notification No. G.S.R. 424, dated the 28th February, 1963, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-3-1963).
  • 3. Added by Notification No. G.S.R. 591, dated the 27th March, 1963, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-4-1963).
  • 4. Added by Notification No. G.S.R. 1432, dated the 3rd August, 1963, see Gazette of India, Extraordinary Part II, sec. 3(i)(w.e.f. 31-8-1963).
  • 5. Added by Notification No. G.S.R. 1605, dated the 26th September, 1963, see Gazette of India, Part II, sec. 3(i)(w.e.f. 31-10-1963).
  • 6. Added by Notification No. G.S.R. 1983, dated the 21st December, 1963, see Gazette of India, Part II, sec. 3(i)(w.e.f. 31-1-1964).
  • 7. Added by Notification No. G.S.R. 67, dated the 31st December, 1963, see Gazette of India, Part II, sec. 3(i)(w.e.f. 31-1-1964).
  • 8. Added by Notification No. G.S.R. 822, dated the 22nd May, 1964, see Gazette of India, Part II, sec. 3(i)(w.e.f. 30-6-1964).
  • 9. Added by Notification No. G.S.R. 1723, dated the 27th November, 1964, see Gazette of India, Part II, sec. 3(i)(w.e.f. 31-12-1964).10. Added by Notification No. G.S.R. 1795, dated the 9th December, 1964, see Gazette of India, Part II, sec. 3(i)(w.e.f. 30-1-1965).11. Added by Notification No. G.S.R. 402, dated the 2nd March, 1965, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-3-1965).

Page 36

  • 1. Added by Notification No. G.S.R. 768, dated the 18th May, 1965, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-6-1965).
  • 2. Added by Notification No. G.S.R. 910, dated the 23rd June, 1965, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-7-1965).
  • 3. Added by Notification No. G.S.R. 952, dated the 3rd July, 1965, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-9-1965).
  • 4. Added by Notification No. G.S.R. 895, dated the 1st June, 1966, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-6-1966).
  • 5. Added by Notification No. G.S.R. 1119, dated the 11th July, 1966, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-7-1966).
  • 6. Added by Notification No. G.S.R. 1362, dated the 30th August, 1966, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-9-1966).
  • 7. Subs. by Notification No. G.S.R. 1945, dated the 16th December, 1966, see Gazette of India, 1967, Part II, sec. 3(i) for“ten acres”.
  • 8. Added by Notification No. G.S.R. 437, dated the 27th March, 1967, see Gazette of India, 1966, Part II, sec. 3(i)(w.e.f. 30-4-1967).
  • 9. Added by Notification No. G.S.R. 1019, dated the 1st July, 1967, see Gazette of India, 1967, Part II, sec. 3(i)(w.e.f. 31-7-1967).10. Added by Notification No. G.S.R. 1226, dated the 5th August, 1967, see Gazette of India, 1967, Part II, sec. 3(i)(w.e.f. 31-8-1967).11. Added by Notification No. G.S.R. 1530, dated the 5th October, 1967, see Gazette of India, Part II, sec. 3(i)(w.e.f. 31-10-1967).12.Added by Notification No. G.S.R. 1716, dated the 3rd November, 1967, see Gazette of India, 1967, Part II, sec. 3(i)(w.e.f. 30-11-1967).13. Added by Notification No. G.S.R. 1018, dated the 22nd April, 1969, see Gazette of India, 1969, Part II, sec. 3(i)(w.e.f. 30-4-1969).14. Added by Notification No. G.S.R. 1506, dated the 11th June, 1969, see Gazette of India, 1969, Part II, sec. 3(i)(w.e.f. 30-6-1969).15. Added by Notification No. G.S.R. 1988, dated the 22nd November, 1971, see Gazette of India, Part II, sec. 3(i)(w.e.f. 30-11-1971).16. Added by Notification No. G.S.R. 1251, dated the 23rd September, 1972, see Gazette of India, 1972 Part II, sec. 3(i)(w.e.f. 30-9-1972).17. Added by Notification No. G.S.R. 503, dated the 12th May, 1973, see Gazette of India, Part II, sec. 3(i)(w.e.f. 31-5-1973).

Page 37

  • 1. Added by Notification No. G.S.R. 428, dated the 15th April, 1974, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-4-1974).
  • 2. Added by Notification No. G.S.R. 660, dated the 17th May, 1977, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-5-1977).
  • 3. Added by Notification No. G.S.R. 938, dated the 25th June, 1979, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-7-1979).
  • 4. Added by Notification No. G.S.R. 564, dated the 5th May, 1980, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-5-1980).
  • 5. Added by Notification No. G.S.R. 613(E), dated the 30th October, 1980, see Gazette of India, Extraordinary, 1980, Part II,sec. 3(i)(w.e.f. 31-10-1980).
  • 6. Added by Notification No. G.S.R. 662(E), dated the 27th November, 1980, see Gazette of India, 1980, Part II, sec. 3(i)(w.e.f. 30-11-1980).
  • 7. Added by Notification No. S.O. 2459, dated the 29th May, 1983, see Gazette of India, 1980, Part II, sec. 3(ii)(w.e.f. 1-6-1983).
  • 8. Ins. by Act 37 of 1953, s. 18.

Page 39

  • 1. Subs. by Act 28 of 1963, s. 13, for “[see section 6(2)]” (w.e.f. 30-11-1963).
  • 2. Ins. by s. 13, ibid. (w.e.f. 30-11-1963).
  • 3. The words, brackets and figure “sub-section (1) of” omitted by s. 13, ibid. (w.e.f. 30-11-1963).
  • 4. Subs. by s. 13, ibid., for items 4 and 5 (w.e.f. 30-11-1963).
  • 5. Ins. by s. 13, ibid. (w.e.f. 30-11-1963).

Page 41

  • 1. Subs. by Act 25 of 1996, s. 8, for the Third Schedule(w.e.f. 16-11-1995).

Page 42

  • 1. Ins. by Act 99 of 1976, s. 38 (w.e.f. 1-8-1976).
  • 2. Subs. by Act 33 of 1988, s. 26, for items 6 and 7 (w.e.f. 1-8-1988).