Repeal of The EPF Act, 1952: Legal & Practical Aspects

Repeal of The EPF Act, 1952: Legal & Practical Aspects
The increased contribution shall be applicable to basic wages, dearness allowance and retaining allowance exceed fifteen thousand rupees per month.

Vide Not, the Central Government has repealed the EPF & MP Act, 1952 w.e.f. 03.05.2023 by notifying the date of coming in force section 164 (1) item No. 3 which relates to EPF & MP Act, 9152 with a qualifying phrase ‘to repeal the corresponding provisions of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) specified in item 3 thereof:’.

The Notification was issued in compliance with the Supreme Court judgment dated 04.11.2022 in which the amendment bringing new provisions in para 11(4) of the Employees’ Pension Scheme, 1995 to shift the Central Government liability to pay pension contribution @1.16% beyond the salary of Rs. 15000 was burdened on the employees themselves; it was directed by para 44 that – “44(vii)- The requirement of the members to contribute at the rate of 1.16 percent of their salary to the extent such salary exceeds Rs. 15000/- per month as an additional contribution under the amended scheme is held to be ultra-vires the provisions of the 1952 Act. But for the reasons...

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Ram Niwas Bairwa

Regional PF Commissioner (II)- Retired at Jaipur

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Ram Niwas Bairwa

Regional PF Commissioner (II)- Retired at Jaipur

April 2024

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