The Code on Social Security, 2020

Fifth Schedule

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THE FIFTH SCHEDULE
[See sections 15(2) and 152(1)]
MATTERS THAT MAY BE PROVIDED FOR IN THE SCHEMES
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.
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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.

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The other schedules to this Act

First Schedule Second Schedule Third Schedule Fourth Schedule Sixth Schedule Seventh Schedule

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