Act23
Enacted 2013

The Pension Fund Regulatory and Development Authority Act, 2013

In force 57 sections Finance

An Act to provide for the establishment of an Authority to promote old age income security by establishing, developing and regulating pension funds, to protect the interests of subscribers to schemes of pension funds and for matters connected therewith or incidental thereto.

Act 23 of 2013 Enacted 18 Sep 2013 In force 01 Feb 2014 Department Department of Financial Services

Administered by. Ministry of Finance, Department of Financial Services · Other Acts of 2013

Preamble

THE PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY ACT, 2013

ACT NO. 23 OF 2013

[18th September, 2013.] An Act to provide for the establishment of an Authority to promote old age income security by establishing, developing and regulating pension funds, to protect the interests of subscribers to schemes of pension funds and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:--

What this Act covers

Summary of the Pension Fund Regulatory and Development Authority Act, 2013

Key Provisions

I. Establishment, Governance, and Transition

1. Establishment & Structure: Pension Fund Regulatory and Development Authority (PFRDA) established as a body corporate with a Chairperson, whole-time, and part-time members.

2. Transition from Interim Authority: - Assets, liabilities, and obligations of the Interim PFRDA transfer to the new Authority (Section 13).

• Continuity for intermediaries with a 6-month registration grace period (Section 27).

II. Regulatory Powers and Functions

1. Core Responsibilities: - Regulate and promote the National Pension System (NPS).

• Protect subscriber interests.

• Approve and regulate pension schemes and intermediaries.

2. Audit and Financial Oversight: - Authority's accounts audited by the Comptroller and Auditor-General of India with broad audit powers.

• Annual submission of audited accounts to the Central Government and Parliament.

III. Operational and Enforcement Provisions

1. Registration of Intermediaries: - Mandatory registration for central recordkeeping agencies, pension funds, points of presence, etc., with specified conditions (Section 27).

2. Investigative and Enforcement Powers: - Investigation, search, seizure, and interim protection measures.

• Suspension or cancellation of registration with due process (Section 27(4)).

IV. Financial and Beneficiary Protection Provisions

1. Funding and Utilisation: - Grants, fees, and other sources for operational and subscriber protection funds.

• Specific utilisation guidelines for each fund (Sections 40 & 41).

2. Subscriber Education and Protection Fund: - Composition and utilisation for subscriber interests (Section 41).

V. Legislative, Judicial, and Miscellaneous Provisions

1. Legislative Oversight: - Rules and regulations to be laid before Parliament (Section 53).

• Power to remove difficulties within 5 years of commencement (Section 54).

2. Judicial and Penalty Provisions: - Appeals to the Securities Appellate Tribunal.

• Significant penalties for contraventions, including imprisonment and fines.

1. Savings and Continuity: - Validation of actions by the Interim PFRDA (Section 56).

• Non-derogation of other laws (Section 55).

Sections

Type to filter. 57 sections.

  1. 1Short title, extent and commencement
  2. 2Definitions
  3. 3Establishment and incorporation of Authority
  4. 4Composition of Authority
  5. 5Term of office and conditions of service of Chairperson and members of Authority
  6. 6Removal of members from office
  7. 7Restriction on future employment of members
  8. 8Administrative powers of Chairperson
  9. 9Meetings of Authority
  10. 10Vacancies, etc., not to invalidate proceedings of Authority
  11. 11Officers and employees of Authority
  12. 12Extent and application
  13. 13Transfer of assets, liabilities, etc., of Interim Pension Fund Regulatory and Development Authority
  14. 14Duties, powers and functions of Authority
  15. 15Power to issue directions
  16. 16Power of investigation
  17. 17Search and seizure
  18. 18Power of Authority to ensure compliance
  19. 19Management by Administrator
  20. 20National Pension System
  21. 21Central Recordkeeping Agency
  22. 22Point of presence
  23. 23Pension funds
  24. 24Certain restrictions on foreign companies or individual or association of persons
  25. 25Prohibition of investment of funds of subscribers outside India
  26. 26Eligibility norms of the central recordkeeping agency, etc
  27. 27Registration of central recordkeeping agency, pension fund, point of presence, etc
  28. 28Penalty for failure by an intermediary or any other person to comply with provisions of this Act, rules, regulations and directions
  29. 29Crediting sums realised by way of penalties to Subscriber Education and Protection Fund
  30. 30Power to adjudicate
  31. 31Attachment of assets and supersession of management of intermediary
  32. 32Offences
  33. 33Power to grant immunity
  34. 34Exemption from tax on wealth, income, profits and gains
  35. 35Cognizance of offences by court
  36. 36Appeal to Securities Appellate Tribunal
  37. 37Civil Court not to have jurisdiction
  38. 38Appeal to Supreme Court
  39. 39Grants by Central Government
  40. 40Constitution of Pension Regulatory and Development Fund
  41. 41Constitution of Subscriber Education and Protection Fund
  42. 42Accounts and audit
  43. 43Power of Central Government to issue directions
  44. 44Power of Central Government to supersede Authority
  45. 45Establishment of Pension Advisory Committee
  46. 46Furnishing of returns, etc., to Central Government
  47. 47Members, officers and employees of Authority to be public servants
  48. 48Protection of action taken in good faith
  49. 49Delegation of powers
  50. 50Offences by companies
  51. 50APowers of Authority not to apply to International Financial Services Centre
  52. 51Power to make rules
  53. 52Power to make regulations
  54. 53Rules and regulations to be laid before Parliament
  55. 54Power to remove difficulties
  56. 55Application of other laws not barred
  57. 56Savings

Rules made under this Act

40 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • PFRDA (Employees Services) (Amendment) Regulations, 20222022
  • PFRDA (Redressal of Subscriber Grievance) (Amendment) Regulations, 20222022
  • PFRDA (CRA) Regulations (Amendment), 20212021
  • PFRDA (Custodian of Securities) (Amendment) Regulations, 20212021
  • PFRDA (Employees Services) (Amendment) Regulations, 20212021
  • PFRDA (Exits and Withdrawals under NPS) ( Second Amendment) Regulations, 20212021
  • PFRDA (Exits and Withdrawals under NPS) (Amendment) Regulations, 20212021
  • PFRDA (Form of Annual Statement of Accounts and Records) (Amendment) Rules 20222021
  • PFRDA (NPS Trust) (Amendment) Regulation, 20212021
  • PFRDA (Pension Fund) (Fifth Amendment ) Regulation, 20212021
  • PFRDA (Pension Fund) (Fourth Amendment ) Regulation, 20212021
  • PFRDA (Pension Fund) (Sixth Amendment ) Regulation, 20212021
  • PFRDA (Point of Presence) (Amendment) Regulations, 20212021
  • PFRDA (Salary and Allowances Payable to and Other Terms and Conditions of Service of Chairperson and Whole-time Members) (Third Amendment) Rules, 20212021
  • PFRDA (CRA) Regulations ( Second Amendment), 20202020
  • PFRDA (Employees Services) (Amendment) Regulations, 20202020
  • PFRDA (Exits and Withdrawals under NPS) (Amendment) Regulations, 20202020
  • PFRDA (NPS Trust) (Second Amendment) Regulation, 20202020
  • PFRDA (Pension Fund) (Second Amendment ) Regulation, 20202020
  • PFRDA (Pension Fund) (Third Amendment ) Regulation, 20202020
  • Notification dated 31 January 20192019
  • PFRDA (Exits and Withdrawals under NPS) (Fifth Amendment) Regulations, 20192019
  • PFRDA (Exits and Withdrawals under NPS) (Sixth Amendment) Regulations, 20192019
  • PFRDA (NPS Trust) (First Amendment) Regulation, 20192019
  • PFRDA (Retirement Advisor) (Fifth Amendment) Regulations, 20192019
  • PFRDA (Trustee Bank) (First Amendment) Regulations, 20192019
  • PFRDA (Employees Services) (First Amendment) Regulations, 20182018
  • PFRDA (Salary, Allowances Payable to, and Other Terms and conditions of service of Chairperson, and Whole Time Members) (Second Amendment) Rules, 20172018
  • Pension Fund Regulatory And Development Authority (Exits And Withdrawals Under The National Pension System) Regulation2018
  • Pension Fund Regulatory And Development Authority(Point Of Presence) Regulations,20182018
  • Pension Fund Regulatory and Development Authority (Central Record keeping Agency) (First Amendment) Regulations 20182018
  • Pension Fund Regulatory and Development Authority (Exits and Withdrawals Under the National Pension System)(Third Amendment) Regulations, 2018.2018
  • Pension Fund Regulatory and Development Authority (Exits and Withdrawals under NPS) (Fourth Amendment) Regulations 20182018
  • PFRDA (Salary, Allowances Payable to, and Other Terms and conditions of service of Chairperson, and Whole Time Members) Amendment Rules , 20172017
  • Pension Fund Regulatory and Development Authority (Exits and Withdrawals Under the National Pension System)(First Amendment) Regulations, 20172017
  • Pension Fund Regulatory and Development Authority (Exits and Withdrawals Under the National Pension System)(Second Amendment) Regulations, 20172017
  • Pension Fund Regulatory and Development Authority (Point Of Presence) (Second Amendment) Regulations 20172017
  • Pension Fund Regulatory and Development Authority (Retirement Adviser) (First Amendment) Regulations 20172017
  • Pension Fund Regulatory and Development Authority (Retirement Adviser) (Fourth Amendment) Regulations 2017.2017
  • Pension Fund Regulatory and Development Authority (Retirement Adviser) (Second Amendment) Regulations 20172017

Related Acts

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. Every one of the 57 sections of this Act has its own page. This page is not a substitute for legal advice.