Short title, extent and application
Section 1 of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 deals with short title, extent and application. This Act may be called the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.] (2) It extends to the whole of India except the State of Jammu and Kashmir.
4[(1) This Act may be called the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.] (2) It extends to the whole of India except the State of Jammu and Kashmir. 5[(3) Subject to the provisions contained in section 16, it applies- (a) to every establishment which is a factory engaged in any industry specified in Schedule I and in which '[twenty] or more persons are employed, and (b) to any other establishment employing [twenty] or more persons or class of such establishments which the Central Government may, by notification in the Official Gazette, specify in this behalf:
Provided that the Central Government may, after giving not less than two months' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment employing such number of persons less than "[twenty] as may be specified in the notification.] 7[(4) Notwithstanding anything contained in sub-section (3) of this section or sub-section (1) of section 16, where it appears to the Central Provident Fund Commissioner, whether on an application made to him in this behalf or otherwise, that the employer and the majority of employees in relation to any establishment have agreed that the provisions of this Act should be made applicable to the establishment, he may, by notification in the Official Gazette, apply the provisions of this Act to that establishment on and from the date of such agreement or from any subsequent date specified in such agreement.] 8[(5) An establishment to which this Act applies shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time falls below twenty.] * * 9% * *
Section 1, The Employees Provident Funds and Miscellaneous Provisions Act, 1952 (Act 19 of 1952).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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The Employees Provident Fund Organisation vs Sunil Kumar B.
Court's Decision & Legal Precedent
The Employees Provident Fund scheme provisions governing pension eligibility must be interpreted in a manner that gives effect to the statutory language and legislative intent to provide pension benefits to employees who have made contributions and meet the scheme's conditions, and the EPFO's restrictive interpretation denying pension to otherwise eligible retired employees is not sustainable under the statute.
On this section: The entire EPF scheme architecture and pension benefits determination framework was interpreted to determine the scope of pension eligibility for different categories of employees.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 1
What have the courts held on Section 1 of the Employees Provident Funds and Miscellaneous Provisions Act?
The Employees Provident Fund Organisation vs Sunil Kumar B. (04 Nov 2022) is the leading judgment on this section among those set out below: The entire EPF scheme architecture and pension benefits determination framework was interpreted to determine the scope of pension eligibility for different categories of employees.
How do I find court cases under Section 1 of the Employees Provident Funds and Miscellaneous Provisions Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Employees Provident Funds and Miscellaneous Provisions Act 1, section 1 Employees Provident Funds and Miscellaneous Provisions Act, section 1 of the Employees Provident Funds and Miscellaneous Provisions Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with The Employees Provident Fund Organisation vs Sunil Kumar B. (04 Nov 2022).
What should I read with Section 1 of the Employees Provident Funds and Miscellaneous Provisions Act, and has it changed?
Its own text turns on section 16, so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When was the Employees Provident Funds and Miscellaneous Provisions Act enacted?
Employees Provident Funds and Miscellaneous Provisions Act was enacted in 1952 as Act 19 of 1952. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 14. 7835 words
- 18. 4691 words
- 22. Power to remove difficulties3555 words
- 16. 1352 words
- 10. 1044 words
- 21. Power to make rules365 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/170e54e7-ce78-4f68-a87e-74d303432d05.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/b26cd3be-f16e-4135-9a45-4bd068bb2cce/content). This page is not a substitute for legal advice.