MINISTRY OF LABOUR AND EMPLOYMENT
NOTIFICATION
New Delhi, the 25th April, 2017
G.S.R.404(E).— In exercise of the powers conferred by section 5 read with sub-section (1) of section 7 of Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following Scheme, further to amend the Employees’ Provident Funds Scheme, 1952, namely:-
1. Short title and commencement.-
(1) The scheme may be called the Employees’ Provident Funds (Fifth Amendment) Scheme, 2017.
(2) It shall come into force on the date of its publication in the Official Gazette.
2. In the Employees’ Provident Funds Scheme, 1952 (hereinafter referred to as the said Scheme), in paragraph 68J,-
(a) sub-paragraph (2) shall be omitted;
(b) proviso to sub-paragraph (3) shall be omitted;
(c) for sub-paragraph (6), the following sub-paragraph shall be substituted, namely;-
“(6) No advance shall be granted to the member under sub-paragraph (1) or sub-paragraph (3) unless he produces a self-declaration to that effect.”.
3. In the said Scheme, in para 68N, for sub-paragraph (2), the following sub-paragraph shall be substituted, namely:-
“(2) No advance shall be paid to the member under sub-paragraph (1) unless he produces a selfdeclaration to that effect.”.
[F. No. S-35012/02/2017-SS-II]
R. K. GUPTA, Jt. Secy.
Note:- The Employees’ Provident Funds Scheme, 1952 was published in the Gazette of India Part II, Section 3, Sub Section (i) vide notification number SRO.1509, dated the 2nd September, 1952 and was lastly amended vide notification No. G.S.R. 351(E) dated the 12th April, 2017.
Relevant Rule 68J Employees’ Provident Funds Scheme, 1952 before Above Notification :-
Advance from the Fund for illness in certain cases
68J. (1) A member may be allowed non-refundable advance from his account in the Fund in cases of—
| (a) | hospitalisation lasting for one month or more, or | |
| (b) | major surgical operation in a hospital, or | |
| (c) | suffering from T.B., leprosy, paralysis, cancer, mental derangement or heart ailment and having been granted leave by his employer for treatment of the said illness. |
(2) [The advance shall be granted if—
| (a) | the employer certifies that the Employees’ State Insurance Scheme facility and benefits thereunder are not actually available to the member or the member produces a certificate from the Employees’ State Insurance Corporation to the effect that he has ceased to be eligible for cash benefits under the Employees’ State Insurance Scheme; and | |
| (b) | a doctor of the hospital certifies that a surgical operation or, as the case may be, hospitalisation for one month or more had or has become necessary, or a registered medical practitioner, or in the case of mental derangement or heart ailment, a specialist certifies that the member is suffering from T.B., leprosy, paralysis, cancer, mental derangement or heart ailment].] |
***]
[(3) A member may be allowed non-refundable advance from his account in the fund for the treatment of a member of his family who has been hospitalised or requires hospitalisation, for one month or more—
| (a) | for a major surgical operation, or | |
| (b) | for the treatment of T.B., leprosy, paralysis, cancer, mental derangement or heart ailment]: |
Provided that no such advance shall be granted to a member unless he has produced—
| (i) | a certificate from a doctor of the hospital that the patient has been hospitalised or requires hospitalisation for one month or more, or that a major surgical operation had or has become necessary, and | |
| (ii) | a certificate from his employer that the Employees’ State Insurance Scheme facility and benefits are not available to him for the treatment of the patient.] |
(4) The amount advanced under this paragraph shall not exceed the member’s basic wages and dearness allowance for six months or his own share of contribution with interest in the Fund, whichever is less.]
(5) ***
(6) Where the Commissioner or, where so authorised by the Commissioner, any officer subordinate to him] is not satisfied with a medical certificate furnished by the member under this paragraph, he may, before granting an advance under this paragraph, demand from the member another medical certificate to his satisfaction.