Section 2 in The Employees' Provident Funds Scheme, 1952
2. Definitions.
- In this Scheme, unless the context otherwise requires,-(a)"Act" means the Employees' Provident [Funds and Family Pension Fund Act] [Substituted by G.S.R. 320, dated 16.2.1972 (w.e.f. 13.2.1971).], 1952 (19 of 1952);[* * *] [Clause (b) deleted by G.S.R. 1845, dated 28.11.1963 (w.e.f. 30.11.1963).](c)"Children" means legitimate children and includes adopted children if the Commissioner is satisfied that under the personal law of the member adoption of a child is legally recognised;(d)[ "Commissioner" means a Commissioner for Employees' Provident Fund appointed under section 5-D of the Act and includes a Deputy Provident Fund Commissioner and a Regional Provident Fund Commissioner;] [Substituted by S.R.O. 331, dated 15.1.1958 (w.e.f. 25.1.1958).](e)"continuous service" means uninterrupted service and includes service which is interrupted by sickness, accident, authorised leave, strike which is not illegal, or cessation of work not due to the employee's fault;(f)"excluded employee" means-(i)[ an employee who, having been a member of the Fund, withdrew the full amount of his accumulations in the Fund under [clause (a) or (c) of] [Substituted by G.S.R. 1845, dated 28.12.1963 (w.e.f 30.11.1963).][sub-paragraph (1) of paragraph 69;] [Substituted by G.S.R. 1845, dated 28.12.1963 (w.e.f 30.11.1963).](ii)[ an employee whose pay at the time he is otherwise entitled to become a member of the Fund, exceeds [six thousand and five hundred rupees] [Substituted by S.R.O. 1337, dated 16.4.1957 (w.e.f. 31.5.1957).][per month.] [Substituted by S.R.O. 1337, dated 16.4.1957 (w.e.f. 31.5.1957).]Explanation - "Pay" includes basic wages with dearness allowance, [retaining allowance (if any)] [Added by G.S.R. 201, dated 8.2.1961 (w.r.e.f. 31.12.1960).] and cash value of food concessions admissible thereon;[* * *] [Sub-Clause (iii) and Explanation thereto omitted by G.S.R. 1467, dated 2.12.1960 (w.e.f. 10.12.1960).](iv)[ an apprentice. [Substituted by S.R.O. 331, dated 15.1.1958 (w.e.f. 25.1.1958).]Explanation - An apprentice means a person who, according to the certified standing orders applicable to the factory or establishment, is an apprentice, or who is declared to be an apprentice by the authority specified in this behalf by the appropriate Government;] [Added by S.O. 45(E), dated 17.1.2006 (w.e.f. 17.1.2006).][* * *] [Clause (vi) omitted by S.R.O. 2035, dated 28.10.1953.](g)"family" means-(i)[in the case of a male member, his wife, his children, whether married or unmarried, his dependant parents and his deceased son's widow and children:] [Substituted by G.S.R. 351, dated 3.3.1966.]Provided that if a member proves that his wife has ceased, under the personal law governing him or the customary law of the community to which the spouses belong, to be entitled to maintenance she shall no longer be deemed to be a part of member's family for the purpose of this Scheme, unless the member subsequently intimates by express notice in writing to the Commissioner that she shall continue to be so regarded, and(ii)[in the case of a female member, her husband, her children, whether married or unmarried, her dependant parents, her husband's dependant parents and her deceased son's widow and children:] [Substituted by G.S.R. 351, dated 3.3.1966.]Provided that if a member by notice in writing to the Commissioner expresses her desire to exclude her husband from the family, the husband and his dependant parents shall no longer be deemed to be a part of the member's family for the purpose of this Scheme, unless the member subsequently cancels in writing any such notice.Explanation - In either of the above two cases, if the child of a member [or, as the case may be, the child of a deceased son of the member] [Inserted by G.S.R. 351, dated 3.3.1966.] has been adopted by another person and if, under the personal law of the adopter, adoption is legally recognised, such a child shall be considered as excluded from the family of the member;(h)"financial year" means the year commencing on the first day of April;(i)"Government Security" shall have the meaning assigned to it in the Public Debts Act, 1944 (18 of 1944);(j)"Inspector" means a person appointed as such under section 13 of the Act;(k)"quarter" means a period of three months commencing on the first day of January, the first day of April, the first day of July and the first day of October of each year;(kk)[ "seasonal factory" means a factory which is exclusively engaged in the manufacture of tea, sugar, rubber [turpentine, rosin] [Inserted by S.R.O. 1660, dated 21.7.1956.], [indigo] [Substituted by G.S.R. 1756, dated 12.12.1962.], [lac, fruit and vegetable preservation industry, rice milling industry, dal milling industry] [Substituted by G.S.R. 879, dated 15.5.1963.], [cashewnut industry] [Inserted by G.S.R. 262, dated 14.2.1964.], [stemming or re-drying of tobacco leaf industry] [Inserted by G.S.R. 824, dated 1.6.1965.], tiles industry, hosiery industry, [oil milling industry] [Substituted by G.S.R. 1118, dated 6.7.1966.], [licensed salt industry,] [Substituted by G.S.R. 1413, dated 12.9.1966.] [jute baling or pressing industry] [Substituted by G.S.R. 1269, dated 21.8.1967.], [fire-works and percussion cap works industry, ice or ice-cream industry or cotton ginning, baling and pressing industry] [Substituted by G.S.R. 1645, dated 23.10.1967.];(kkk)[ "seasonal establishment" means a plantation of tea, coffee, rubber, cardamom or pepper, [a coffee curing establishment] [Substituted by G.S.R. 1510, dated 10.6.1969.][, a fire-clay mine or a gypsum mine;] [Substituted by G.S.R. 1510, dated 10.6.1969.](l)"Trustee" means a member of a Board of Trustees; and(m)all other words and expressions shall have the meaning respectively assigned to them in the Act.Chapter-II [BOARD OF TRUSTEES, EXECUTIVE COMMITTEE AND REGIONAL COMMITTEES] [Substituted by G.S.R. 690(E), dated 30.6.1989 (w.e.f. 1.7.1989).]
