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The Fifth Schedule · Social Security Code

Matters That May Be Provided for in the Schemes

This Schedule lists what the three schemes framed under section 15 may cover: the Provident Fund Scheme (Part A), the Pension Scheme (Part B) and the Employees' Deposit-linked Insurance Scheme (Part C). It sets no rates or deadlines itself. It tells you which day-to-day PF, pension and EDLI rules (who joins, when contributions are paid, withdrawals, interest, pension scale, insurance payouts) live in the schemes the government notifies, not in the Code.

1 section ~1 min read Official text, PDF p. 111
HR and payroll managersPrincipal employers and contractorsTrustees of exempted provident fundsEmployees and PF members

Key points

  1. 1The Code leaves the working detail of PF, pension and EDLI to the schemes: who must join, who may be exempted, and when and how contributions are paid and recovered (Part A, items 1 and 2). §schedule
  2. 2The PF Scheme can deal with contributions for employees hired directly or through a contractor, and can set how contractors recover the employee's share from the workers they supply (Part A, items 2 and 3). §schedule
  3. 3The employer can be made to pay the cost of running the Fund, at a rate and in a manner the PF Scheme sets (Part A, item 4). §schedule
  4. 4The PF Scheme can provide for the Central Government to fix the interest rate payable to members, in consultation with the boards of trustees, and can set the conditions for withdrawals, deductions and forfeiture, including the maximum that can be deducted or forfeited (Part A, items 8 and 9). §schedule
  5. 5Part of the employer's PF contribution goes to the Pension Fund, and the Pension Scheme can set how much, the scale of pension and how workers are protected if the employer defaults on contributions (Part B, items 2, 4 and 8). §schedule
  6. 6Registers, records and family particulars are scheme matters under all three schemes; nominations and identity cards come up for PF and EDLI, and returns by employers or contractors for PF (Part A, items 10 to 13; Part B, items 6 and 7; Part C, items 3 to 5). The PF Scheme can also list which contraventions or defaults are punishable. The Schedule cites section 135 for this, but section 135 of the Code as enacted deals with offences by companies; the penalties themselves are in sections 133 and 134 (Part A, item 15). §schedule

At a glance

19Matters listed for the Provident Fund SchemeSection schedule12Matters listed for the Pension SchemeSection schedule8Matters listed for the EDLI SchemeSection schedule
Earlier law:Employees' Provident Funds and Miscellaneous Provisions Act, 1952

THE FIFTH SCHEDULE — MATTERS THAT MAY BE PROVIDED FOR IN THE SCHEMES

In plain words

This Schedule lists the matters that the Provident Fund, Pension and Deposit-linked Insurance schemes framed under section 15 may cover, from membership, contributions and interest to pension scales, insurance payouts, records and penalties.

[See sections 15(2) and 152(1)]

Any scheme framed under section 15 may provide for any or all of the matters as specified below, namely:—

PART A

Serial No.Matters on which the Provident Fund Scheme may make provisions
(1)(2)
1.The employees or class of employees who shall join the Fund, and the conditions under which employees may be exempted from joining the Fund or from making any contribution.
2.The time and manner in which contributions shall be made to the Fund by employers and by, or on behalf of, employees, (whether employed by him directly or by or through a contractor), the contributions which an employee may, if he so desires, make under section 16, and the manner in which such contributions may be recovered.
3.The manner in which employees' contributions may be recovered by contractors from employees employed by or through such contractors.
4.The payment by the employer of such sums of money as may be necessary to meet the cost of administering the Fund and the rate at which and the manner in which the payment shall be made.
5.The constitution of any committee for assisting any board of trustees.
6.The opening of regional and other offices of any board of trustees.
7.The manner in which accounts shall be kept, the investment of moneys belonging to the Fund in accordance with any directions issued or conditions specified by the Central Government, the preparation of the budget, the audit of accounts and the submission of reports to the Central Government, or to any specified State Government.
8.The conditions under which withdrawals from the Fund may be permitted and any deduction or forfeiture may be made and the maximum amount of such deduction or forfeiture.
9.The fixation by the Central Government in consultation with the boards of trustees concerned of the rate of interest payable to members.
10.The form in which an employee shall furnish particulars about himself and his family whenever required.
11.The nomination of a person to receive the amount standing to the credit of a member after his death and the cancellation or variation of such nomination.
12.The registers and records to be maintained with respect to employees and the returns to be furnished by employers or contractors.
13.The form or design of any identity card, token or disc for the purpose of identifying any employee, and for the issue, custody and replacement thereof.
14.The fees to be levied for any of the purposes specified in this Schedule.
15.The contraventions or defaults which shall be punishable under section 135.
16.The further powers, if any, which may be exercised by Inspector-cum-Facilitators.
17.The manner in which accumulations in any existing provident fund shall be transferred to the Fund and the mode of valuation of any assets which may be transferred by the employers in this behalf.
18.The conditions under which a member may be permitted to pay premia on life insurance, from the Fund.
19.Any other matter which is to be provided for in the Scheme or which may be necessary or proper for the purpose of implementing the Scheme.

PART B

MATTERS THAT MAY BE PROVIDED FOR IN THE PENSION SCHEME

1.The employees or class of employees to whom the Pension Scheme shall apply.
2.The portion of employers' contribution to the Provident Fund which shall be credited to the Pension Fund and the manner in which it is credited.
3.The regulation of the manner in which and the period of service for which, no contribution is received.
4.The manner in which employees' interest will be protected against default in payment of contribution by the employer.
5.The manner in which the accounts of the Pension Fund shall be kept and investment of moneys belonging to Pension Fund to be made subject to such pattern of investment as may be determined by the Central Government.
6.The form in which an employee shall furnish particulars about himself and the members of his family whenever required.
7.The forms, registers and records to be maintained in respect of employees, required for the administration of the Pension Scheme.
8.The scale of pension and pensionary benefits and the conditions relating to grant of such benefits to the employees.
9.The manner in which the exempted establishments have to pay contribution towards the Pension Scheme and the submission of returns relating thereto.
10.The mode of disbursement of pension and arrangements to be entered into with such disbursing agencies as may be specified for the purpose.
11.The manner in which the expenses for administering the Pension Scheme will be met from the income of the Pension Fund.
12.Any other matter which is to be provided for in the Pension Scheme or which may be necessary or proper for the purpose of implementation of the Pension Scheme.

PART C

MATTERS THAT MAY BE PROVIDED FOR IN THE EMPLOYEES' DEPOSIT-LINKED INSURANCE SCHEME

1.The employees or class of employees who shall be covered by the Insurance Scheme.
2.The manner in which the accounts of the Insurance Fund shall be kept and the investment of moneys belonging to the Insurance Fund subject to such pattern of investment as may be determined, by order, by the Central Government.
3.The form in which an employee shall furnish particulars about himself and the members of his family whenever required.
4.The nomination of a person to receive the insurance amount due to the employee after his death and the cancellation or variation of such nomination.
5.The registers and records to be maintained in respect of employees; the form or design of any identity card, token or disc for the purpose of identifying any employee or his nominee or member of his family entitled to receive the insurance amount.
6.The scales of insurance benefits and conditions relating to the grant of such benefits to the employees.
7.The manner in which the amount due to the nominee or the member of the family of the employee under the scheme is to be paid including a provision that the amount shall not be paid otherwise than in the form of a deposit in a savings bank account, in the name of such nominee or member of family, in any corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970).
8.Any other matter which is to be provided for in the Employees' Deposit-linked Insurance Scheme or which may be necessary or proper for the purpose of implementing that Scheme.
Source: The Code on Social Security, 2020, official gazette copy, page 111

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