6 [(1)] The Central Government may, by notification in the Official Gazette, frame a Scheme to be called the Employees‟ Provident Fund Scheme for the establishment of provident funds under this Act for employees or for any class of employees and specify the 7 [establishments] or class of 7 [establishments] to which the said Scheme shall apply 8 [and there shall be established, as soon as may be after the framing of the Scheme, a Fund in accordance with the provisions of this Act and the Scheme].
9 [(1A) The Fund shall vest in, and be administered by, the Central Board constituted under section
5A.
(1B) Subject to the provisions of this Act, a Scheme framed under sub-section (1) may provide for all or any of the matters specified in Schedule II.]
10 [(2) A Scheme framed under sub-section (1) may provide that any of its provisions shall take effect either prospectively or retrospectively on such date as may be specified in this behalf in the Scheme.]
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.
7 1 [5A. Central Board.—(1) The Central Government may, by notification in the Official Gazette, constitute, with effect from such date as may be specified therein, a Board of Trustees for the territories to which this Act extends (hereinafter in this Act referred to as the Central Board) consisting of the following 2 [persons as members] namely:—
(a) 3 [a Chairman and a Vice-Chairman] to be appointed by the Central Government;
4 [(aa) the Central Provident Fund Commissioner, ex officio;]
(b) not more than five persons appointed by the Central Government from amongst its officials;
(c) not more than fifteen persons representing Governments of such States as the Central Government may specify in this behalf, appointed by the Central Government;
(d) 5 [ten persons] representing employers of the establishments to which the Scheme applies, appointed by the Central Government after consultation with such organisations of employers as may be recognised by the Central Government in this behalf; and
(e) 5 [ten persons] representing employees in the establishments to which the Scheme applies, appointed by the Central Government after consultation with such organisations of employees as may be recognised by the Central Government in this behalf.
(2) The terms and conditions subject to which a member of the Central Board may be appointed and the time, place and procedure of the meetings of the Central Board shall be such as may be provided for in the Scheme.
(3) The Central Board shall 6 [, subject to the provisions of section 6A 7 [and section 6C]] administer the Fund vested in it in such manner as may be specified in the Scheme.
(4) The Central Board shall perform such other functions as it may be required to perform by or under any provisions of the Scheme 8 [, the 9 [Pension] Scheme and the Insurance Scheme].
10 [(5) The Central Board shall maintain proper accounts of its income and expenditure in such form and in such manner as the Central Government may, after consultation with the Comptroller and Auditor- General of India, specify in the Scheme.
(6) The accounts of the Central Board shall be audited annually by the Comptroller and Auditor- General of India and any expenditure incurred by him in connection with such audit shall be payable by the Central Board to the Comptroller and Auditor-General of India.
(7) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Central Board shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General has, in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers, documents and papers and inspect any of the offices of the Central Board.
(8) The accounts of the Central Board as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded
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).
8 to the Central Board which shall forward the same to the Central Government along with its comments on the report of the Comptroller and Auditor-General.
(9) It shall be the duty of the Central Board to submit also to the Central Government an annual report of its work and activities and the Central Government shall cause a copy of the annual report, the audited accounts together with the report of the Comptroller and Auditor-General of India and the comments of the Central Board thereon to be laid before each House of Parliament.]
1 [5AA. Executive Committee.—(1) The Central Government may, by notification in the Official Gazette, constitute, with effect from such date as may be specified therein, an Executive Committee to assist the Central Board in the performance of its functions.
(2) The Executive Committee shall consist of the following persons as members, namely:—
(a) a Chairman appointed by the Central Government from amongst the members of the Central Board;
(b) two persons appointed by the Central Government from amongst the persons referred to in clause (b) of sub-section (1) of section 5A;
(c) three persons appointed by the Central Government from amongst the persons referred to in clause (c) of sub-section (1) of section 5A;
(d) three persons representing the employers elected by the Central Board from amongst the persons referred to in clause (d) of sub-section (1) of section 5A;
(e) three persons representing the employees elected by the Central Board from amongst the persons referred to in clause (e) of sub-section (1) of section 5A;
(f) the Central Provident Fund Commissioner, ex officio.
(3) The terms and conditions subject to which a member of the Central Board may be appointed or elected to the Executive Committee and the time, place and procedure of the meetings of the Executive Committee shall be such as may be provided for in the Scheme].