Section 83 in The Employees' Provident Funds Scheme, 1952
83. [ Special provision in respect of International Workers [Inserted by G.S.R. 706(E), dated 1.10.2008 (w.e.f. 1.10.2008).]
- The Scheme shall, in its application to International Workers as defined in clause (ff) of paragraph 2 of this Scheme be subject to the following modifications, namely:--(1)for clause (f) of paragraph 2, the following clauses shall be substituted, namely:-(f)[ "excluded employee" means -(i)an International Worker, who is contributing to a social security programme of his country of origin, either as a citizen or resident, with whom India has entered into a social security agreement on reciprocity basis and enjoying the status of detached worker for the period and terms, as specified in such an agreement; or(ii)an International Worker, who is contributing to a social security programme of his country of origin, either as a citizen or resident, with whom India has entered into a bilateral comprehensive economic agreement containing a clause on social security prior to 1st October, 2008, which specifically exempts natural persons of either country to contribute to the social security fund of the host country;](ff)"International Worker" means:--(a)an Indian employee having worked or going to work in a foreign country with which India has entered into a social security agreement and being eligible to avail the benefits under a social security programme of that country, by virtue of the eligibility gained or going to gain, under the said agreement;(b)an employee other than an Indian employee, holding other than an Indian passport, working for an establishment in India to which the Act applies;"(2)For the paragraphs 26, 26-A and 26-B, the following paragraphs shall be substituted, namely:-"26. Class of employees of International Workers entitled and required to join the fund - (1)(a) Every International Worker of an establishment to whom this Scheme applies, other than an excluded employee, shall be entitled and required to become a member of the Fund from the beginning of the month following that in which this paragraph comes into force.(b)Every International Worker employed to do any work, in or in relation to any establishment to which this Scheme applies, other than an excluded employee, shall be entitled and required to become a member of the Fund from the beginning of the month following that in which this paragraph comes into force, if on the date of such coming into force, such employee is a subscriber to a provident fund maintained in respect of that establishment in India.(2)Where the Scheme applies to an establishment on the expiry or cancellation of an order of exemption under section 17 of the Act, every International Worker who, but for the exemption would have become and continued as a member of the Fund shall become a member of the Fund forthwith.(3)After this paragraph comes into force in an establishment, every International Worker thereof, other than an excluded employee, who has not become a member already shall also be entitled and required to become a member from the beginning of the month.(4)An excluded employee of an establishment to which this Scheme applies shall, on ceasing to be such an employee be entitled and required to become a member of the Fund from the beginning of the month following that on which he ceases to be such employee.(5)On re-election of a class of International Workers exempted under paragraph 27-A to join the fund or on the expiry or cancellation of an order under that paragraph, every International Worker, who but for such exemption would have become and continued as a member of the Fund, shall forthwith become a member thereof.(6)Every International Worker who is a member of a private provident fund maintained in respect of an exempted establishment and who, but for the exemption, would have become and continued as a member of the Fund shall, on joining an establishment to which this Scheme applies, become a member of the Fund forthwith.
