Power to remove difficulties

Section 22 of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 deals with power to remove difficulties. If any difficulty arises in giving effect to the provisions of this Act, as amended by the Employees' Provident Funds and Miscellaneous Provisions (Amendment) Act, 1988 (33 of 1988), the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with t

(1) If any difficulty arises in giving effect to the provisions of this Act, as amended by the Employees' Provident Funds and Miscellaneous Provisions (Amendment) Act, 1988 (33 of 1988), the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for the removal of the difficulty:

Provided that no such order shall be made after the expiry of a period of three years from the date on which the said amendment Act receives the assent of the President.

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.]] IndiaCode SCHEDULE I [See sections 2(i) and 4] Any industry engaged in the manufacture *** of any of the following, namely :- Cement. Cigarettes. Electrical, mechanical or general engineering products. Iron and steel. Paper. Textiles (made wholly or in part of cotton or wool or jute or silk, whether natural or artificial). 2[1. Matches. 2. Edible oils and fats. 3. Sugar. 4. Rubber and rubber products. 5. Electricity including the generation, transmission and distribution thereof. 6. Tea. de 7. Printing [other than printing industry relating to newspaper establishments as defined in the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955), including the process of composing types for printing, printing by letter press, lithography, photogravure or other similar process or book-binding.] 8. Glass. 9. Stone-ware pipes. 10. Sanitary wares. 11. Electrical porcelain insulators of high and low tension. 12. Refractories. 13. Tiles.] 3[1. Heavy and fine chemicals, including- (i) Fertilizers, (ii) Turpentine, (iii) Rosin, (iv) Medical and pharmaceutical preparations, (v) Toilet preparations, (vi) Soaps, (vii) Inks, 1. The words "or production" omitted by Act 37 of 1953, s. 18. 2. Added by Notification No. S.R.O. 1566, dated the 4th July, 1956, see Gazette of India, Part II, sec. 3 (w.e.f. 31-7-1956). 3. Added by Notification No. S.R.O. 2026, dated the 3rd September, 1956, see Gazette of India, Part II, sec. 3 (w.e.f. 30-9-1956).

(viii) Intermediates dyes, colour lakhs and toners, (ix) Fatty acids, and [(x) Oxygen, acetylene, and carbon-dioxide gases industry.] 2. Indigo. 3. Lac including shellac. 4. Non-edible vegetable and animal oils and fats.] 2[Mineral oil refining industry.] 3[(i) Industrial and Power Alcohol industry; and (ii) Asbestos Cement Sheets industry.] 4[Biscuit making industry including composite units making biscuits and products such as bread, confectionery and milk and milk powder.] 5[Mica industry.] [Plywood industry.] "[Automobile repairing and servicing industry.] 8[1. Rice milling. 2. Flour milling. 3. Dal milling.] 9[Starch industry.] IndiaCode 10[1. Petroleum or natural gas exploration, prospecting, drilling or production. 2. Petroleum or natural gas refining.] [Leather and leather products industry.] 11 12[1. Stone-ware jars. 2. Crockery.] 13 [The fruit and vegetable preservation industry, that is to say, any industry which is engaged in the preparation or production of any of the following articles, namely :- 1. Added by Notification No. S.R.O. 1976, dated the 8th June, 1957, see Gazette of India, Part II, sec. 3 (w.e.f. 31-7-1957). 2. Added by Notification No. S.R.O. 218, dated the 12th January, 1957, see Gazette of India, Part II, sec. 3 (w.e.f. 31-1-1957). 3. Added by Notification No. S.R.O. 3067, dated the 19th September, 1957, see Gazette of India, Part II, sec. 3 (w.e.f. 30-11-1957). 4. Added by Notification No. G.S.R. 170, dated the 12th March, 1958, see Gazette of India, Part II, sec. 3 (w.e.f. 30-4-1958). 5. Added by Notification No. G.S.R. 312, dated the 5th March, 1960, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-5-1960). 6. Added by Notification No. G.S.R. 632, dated the 30th May, 1960, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-6-1960). 7. Added by Notification No. G.S.R. 683, dated the 9th May, 1960, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-6-1960). 8. Added by Notification No. G.S.R. 1443, dated the 24th November, 1960, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-12-1960). 9. Added by Notification No. G.S.R. 535, dated the 10th April, 1961, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-5-1961). 10. Added by Notification No. G.S.R. 705, dated the 30th May, 1961, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-6-1961). 11. Added by Notification No. G.S.R. 993, dated the 29th July, 1961, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-8-1961). 12. Added by Notification No. G.S.R. 1382, dated the 4th November, 1961, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-11-1961). 13. Added by Notification No. G.S.R. 786, dated the 6th June, 1962, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-6-1962) as amended by Notification No. G.S.R. 1461, dated the 29th August, 1963.

(i) canned and bottled fruits, juices and pulps, (ii) canned and bottled vegetables, (iii) frozen fruits and vegetables, (iv) jams, jellies and marmalades, (v) tomato products, ketchups and sauces, (vi) squashes, crushes, cordials and ready-to-serve beverages or any other beverages containing fruits juice or fruit pulp, (vii) preserved, candied and crystallised fruits and peals, (viii) chutneys, (ix) any other unspecified item relating to the preservation or canning of fruits and vegetables.] 1[Cashewnut Industry.] 2[Confectionery Industry.] 3[1. Buttons. 2. Brushes. 3. Plastic and Plastic products. 4. Stationery products.] 4[The aerated water industry, that is to say, any industry engaged in the manufacture of aerated water, water, soft drinks or carbonated water.] [The distilling and rectifying of spirits (not falling under industrial and power alcohol) and blending of spirits industry.] '[The Paint and Varnish Industry.] [Bone Crushing Industry.] B[Pickers Industry.] 9 [Milk and milk products Industry.] 10[Non-ferrous metals and alloys in the form of ingots industry.] [Bread Industry.] 1. Added by Notification No. G.S.R. 1125, dated the 18th August, 1962, see Gazette of India, Part II, sec. 3(i) (w.e.f 30-9-1962). 2. Added by Notification No. G.S.R. 424, dated the 28th February, 1963, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-3-1963). 3. Added by Notification No. G.S.R. 591, dated the 27th March, 1963, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-4-1963). 4. Added by Notification No. G.S.R. 1432, dated the 3rd August, 1963, see Gazette of India, Extraordinary Part II, sec. 3(i) (w.e.f. 31-8-1963). 5. Added by Notification No. G.S.R. 1605, dated the 26th September, 1963, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-10-1963). 6. Added by Notification No. G.S.R. 1983, dated the 21st December, 1963, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-1-1964). 7. Added by Notification No. G.S.R. 67, dated the 31st December, 1963, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-1-1964). 8. Added by Notification No. G.S.R. 822, dated the 22nd May, 1964, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-6-1964). 9. Added by Notification No. G.S.R. 1723, dated the 27th November, 1964, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-12-1964). 10. Added by Notification No. G.S.R. 1795, dated the 9th December, 1964, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-1-1965). 11. Added by Notification No. G.S.R. 402, dated the 2nd March, 1965, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-3-1965). "[Stemming or redrying of tobacco leaf industry, that is to say, any industry engaged in the stemming, stemming, redrying, handling, sorting, grading or packing of tobacco leaf]. 2[Agarbatee (including dhoop and dhoopbatee) industry.] 3[Coir (excluding the spinning sector) Industry.] 4[Tobacco industry, that is to say, any industry engaged in the manufacture of Cigars, Zarda, snuff, qivam and guraku from tobacco.] 5[Paper products Industry.] [Any industry engaged in manufacture of salt for which a licence is necessary and which has land not not less than 7[4.05 hectares]. 8[Linoleum Industry and Indoleum Industry.] "[Explosive Industry.] 10 "[Jute bailing or pressing Industry.] 11[Fire works and percussion cap works Industry.] 12 [Tent making Industry.] 13 [Ferro-manganese Industry.] 14[Ice of ice-cream Industry.] 15 [Winding of thread and yarn reeling Industry.] Hon Gininguna dressing InCode 17 [Katha making Industry.] 1. Added by Notification No. G.S.R. 768, dated the 18th May, 1965, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-6-1965). 2. Added by Notification No. G.S.R. 910, dated the 23rd June, 1965, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-7-1965). 3. Added by Notification No. G.S.R. 952, dated the 3rd July, 1965, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-9-1965). 4. Added by Notification No. G.S.R. 895, dated the 1st June, 1966, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-6-1966). 5. Added by Notification No. G.S.R. 1119, dated the 11th July, 1966, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-7-1966). 6. Added by Notification No. G.S.R. 1362, dated the 30th August, 1966, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-9-1966). 7. Subs. by Notification No. G.S.R. 1945, dated the 16th December, 1966, see Gazette of India, 1967, Part II, sec. 3(i) for "ten acres". 8. Added by Notification No. G.S.R. 437, dated the 27th March, 1967, see Gazette of India, 1966, Part II, sec. 3(i) (w.e.f. 30-4-1967). 9. Added by Notification No. G.S.R. 1019, dated the 1st July, 1967, see Gazette of India, 1967, Part II, sec. 3(i) (w.e.f. 31-7-1967). 10. Added by Notification No. G.S.R. 1226, dated the 5th August, 1967, see Gazette of India, 1967, Part II, sec. 3(i) (w.e.f. 31-8-1967). 11. Added by Notification No. G.S.R. 1530, dated the 5th October, 1967, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-10-1967). 12. Added by Notification No. G.S.R. 1716, dated the 3rd November, 1967, see Gazette of India, 1967, Part II, sec. 3(i) (w.e.f. 30-11-1967). 13. Added by Notification No. G.S.R. 1018, dated the 22nd April, 1969, see Gazette of India, 1969, Part II, sec. 3(i) (w.e.f. 30-4-1969). 14. Added by Notification No. G.S.R. 1506, dated the 11th June, 1969, see Gazette of India, 1969, Part II, sec. 3(i) (w.e.f. 30-6-1969). 15. Added by Notification No. G.S.R. 1988, dated the 22nd November, 1971, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-11-1971). 16. Added by Notification No. G.S.R. 1251, dated the 23rd September, 1972, see Gazette of India, 1972 Part II, sec. 3(i) (w.e.f. 30-9-1972). 17. Added by Notification No. G.S.R. 503, dated the 12th May, 1973, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-5-1973). [Beer manufacturing Industry, that is to say, any industry engaged in the manufacture of the product of alcoholic fermentation of a mash in potable water of malted barley and hops, or of hops concentrated with or without the addition on other malted or unmalted cereals or other carbohydrate preparations.] 2[Beedi industry.] 3[Ferro Chrome Industry.] 4[Diamond Cutting Industry.] 5[Industries engaged in the manufacture of Myrobalan Extract Power, Myrobalan Extracts Solid and Vegetable Tanin Blended Extract.] [Brick Industry.] 7[Industries based on asbestos as principal raw material. 8[Exaplanation .- In this Schedule, without prejudice to the ordinary meaning of the experssions used used therein,- (a) the expression "Electrical, mechanical or general engineering ging products" includes- (1) machinery and equipment for the generation, transmission, distribution or measurement of electrical energy and motors including cables and wires, (2) telephones, telegraph and wireless communication apparatus, (3) electric lamps (not including glass bulbs).

(4) electric fans and electrical domestic appliances, (5) Storage and dry batteries, (6) radio receivers and sound reproducing instruments, (7) machinery used in industry (including textile machinery) other than electrical machinery and machine tools, (8) boilers and prime movers, including internal combustion engines, marine engines and locomotives, (9) machine tools, that is to say, metal and wood working machinery, (10) grinding wheels, 1. Added by Notification No. G.S.R. 428, dated the 15th April, 1974, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-4-1974). 2. Added by Notification No. G.S.R. 660, dated the 17th May, 1977, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-5-1977). 3. Added by Notification No. G.S.R. 938, dated the 25th June, 1979, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-7-1979). 4. Added by Notification No. G.S.R. 564, dated the 5th May, 1980, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-5-1980). 5. Added by Notification No. G.S.R. 613(E), dated the 30th October, 1980, see Gazette of India, Extraordinary, 1980, Part II, sec. 3(i) (w.e.f. 31-10-1980). 6. Added by Notification No. G.S.R. 662(E), dated the 27th November, 1980, see Gazette of India, 1980, Part II, sec. 3(i) (w.e.f. 30-11-1980). 7. Added by Notification No. S.O. 2459, dated the 29th May, 1983, see Gazette of India, 1980, Part II, sec. 3(ii) (w.e.f. 1-6-1983). 8. Ins. by Act 37 of 1953, s. 18.

(11) ships, (12) automobiles and tractors, (13) bolts, nuts and rivets, (14) power driven pumps, (15) bicycles, (16) hurricane lanterns, (17) sewing and knitting machines, (18) mathematical and scientific instruments, (19) products of metal rolling and re-rolling.

(20) wires, pipes, tubes and fittings, (21) ferrous and non-ferrous castings, (22) safes, vaults and furniture made of iron or steel or steel alloys.

(23) cutlery and surgical instruments, (24) drums and containers, (25) parts and accessories of products specified in items 1 to 24;

(b) the expression "Iron and Steel" includes pig iron, ingots, blooms, billets and rolled or re-rolled products into basic forms and toll and alloy steel;

(c) the expression "paper" includes pulp, paperboard and starawboard;

(d) the expression "textiles" includes the products of carding, spinning, weaving, finishing and dyeing yarn and fabrics, printing, knitting and embroidering.] SCHEDULE II [[See section 5(1B)]] MATTERS FOR WHICH PROVISION MAY BE MADE IN A SCHEME 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 2[(whether employed by him directly or by or through a contractor)], the contributions which an employee may, if he so desires, make under 3 *** section 6, and the manner in which such contributions may be recovered. 2[2A. The manner in which employees' contributions may be recovered by contractors from employees employed by or through such contractors.] 3. 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. 1. Subs. by Act 28 of 1963, s. 13, for "[see section 6(2)]" (w.e.f. 30-11-1963). 2. Ins. by s. 13, ibid. (w.e.f. 30-11-1963). 3. The words, brackets and figure "sub-section (1) of' omitted by s. 13, ibid. (w.e.f. 30-11-1963). 1[4. The constitution of any committee for assisting any Board of Trustees. 5. The opening of regional and other offices of any Board of Trustees.] 6. 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. 7. 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. 8. The fixation by the Central Government in consultation with the boards of trustees concerned of the rate of interest payable to members. 9. The form in which an employee shall furnish particulars about himself and his family whenever required. 10. 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. 11. The registers and records to be maintained with respect to employees and the returns to be furnished by employers 2[or contractors]. 12. 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. 13. The fees to be levied for any of the purposes specified in this Schedule. 14. The contraventions of defaults which shall be punishable under sub-section (2) of section 14. 15. The further powers, if any, which may be exercised by Inspectors. 16. The manner in which accumulations in any existing provident fund shall be transferred to the Fund under section 15, and the mode of valuation of any assets which may be transferred by the employers in this behalf. 17. The conditions under which a member may be permitted to pay premia on life insurance, from the Fund. 18. Any other matter 2[which is to be provided for in the Scheme or] which may be necessary or proper for the purpose of implementing the Scheme. [SCHEDULE III [See section 6A(5)] MATTERS FOR WHICH PROVISION MAY BE MADE IN THE PENSION SCHEME 1. The employees or class of employees to whom the Pension Scheme shall apply. 2. The time within which the employees who are not members of the Family Pension Scheme under section 6A as it stood before the commencement of the Employees' Provident Funds and Miscellaneous Provisions (Amendment) Act, 1996 (hereafter in this Schedule referred to as the amending Act) shall opt for the Pension Scheme. 1. Subs. by Act 28 of 1963, s. 13, for items 4 and 5 (w.e.f. 30-11-1963). 2. Ins. by s. 13, ibid. (w.e.f. 30-11-1963). 3. Subs. by Act 25 of 1996, s. 8, for the Third Schedule (w.e.f. 16-11-1995). 3. 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. 4. The minimum qualifying service for being eligible for pension and the manner in which the employees may be granted the benefits of their past service under section 6A as it stood before the commencement of the amending Act. 5. The regulation of the manner in which and the period of service for which no contribution is received. 6. The manner in which employees' interest will be protected against default in payment of contribution by the employer. 7. 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. 8. The form in which an employee shall furnish particulars about himself and the members of his family whenever required. 9. The forms, registers and records to be maintained in respect of employees, required for the administration of the Pension Scheme. 10. The scale of pension and pensionary benefits and the conditions relating to grant of such benefits to the employees. 11. The manner in which the exempted establishments have to pay contribution towards the Pension Scheme and the submission of returns relating thereto. 12. The mode of disbursement of pension and arrangements to be entered into with such disbursing agencies as may be specified for the purpose. 13. The manner in which the expenses for administering the Pension Scheme will be met from the income of the Pension Fund. 14. 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.] 1[SCHEDULE IV (See section 6C) MATTERS TO 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. 1. Ins. by Act 99 of 1976, s. 38 (w.e.f. 1-8-1976). 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. 1[6. The scales of insurance benefits and conditions relating to the grant of such benefits to the employees.] 8. 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). 9. 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.] IndiaCode 1. Subs. by Act 33 of 1988, s. 26, for items 6 and 7 (w.e.f. 1-8-1988). Scanned by CamScanner Scanned by CamScanner 1948 57 43 Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner

Section 22, The Employees Provident Funds and Miscellaneous Provisions Act, 1952 (Act 19 of 1952).