Section 2:
Definitions.
In this Act, unless the context otherwise requires,
1[(a) "appropriate Government" means--
(i) in relation to an establishment belonging to, or under the control of, the Central
Government or in relation to an establishment connected with a railway company, a major port, a
mine or an oilfield or a controlled industry, 2[or in relation to an establishment having
departments or branches in more than one State], the Central Government; and
(ii) in relation to any other establishment, the State Government;]
3[(aa) "authorised officer" means the Central Provident Fund Commissioner, Additional Central
Provident Fund Commissioner, Deputy Provident Fund Commissioner, Regional Provident Fund
Commissioner or such other officer as may be authorised by the Central Government, by notification
in the Official Gazette;]
(b) "basic wages" means all emoluments which are earned by an employee while on duty or 4[on
leave or on holidays with wages in either case] in accordance with the terms of the contract of
employment and which are paid or payable in cash to him, but does not include
(i) the cash value of any food concession;
(ii) any dearness allowance (that is to say, all cash payments by whatever name called paid to
an employee on account of a rise in the cost of living), house-rent allowance, overtime allowance,
bonus commission or any other similar allowance payable to the employee in respect of his
employment or of work done in such employment;
(iii) any presents made by the employer;
(c) "contribution" means a contribution payable in respect of a member under a Scheme
5[or the
contribution payable in respect of an employee to whom the Insurance Scheme applies];
(d) "controlled industry" means any industry the control of which by the Union has been declared
by a Central Act to be expedient in the public interest;
6[(e) "employer" means--
(i) in relation to an establishment which is a factory, the owner or occupier of the factory,
including the agent of such owner or occupier, the legal representative of a deceased owner or
occupier and, where a person has been named as a manager of the factory under clause (f) of
sub-section (1) of section 7 of the Factories Act, 1948 (63 of 1948), the person so named; and
(ii) in relation to any other establishment, the person who, or the authority which, has the
ultimate control over the affairs of the establishment, and where the said affairs are entrusted to a
manager, managing director or managing agent, such manager, managing director or managing
agent;]
(f) "employee" means any person who is employed for wages in any kind of work, manual or
otherwise, in or in connection with the work of 7[an establishment], and who gets his wages directly
or indirectly from the employer, 8[and includes any person--
(i) employed by or through a contractor in or in connection with the work of the
establishment;
(ii) engaged as an apprentice, not being an apprentice engaged under the Apprentices Act,
1961 (52 of 1961), or under the standing orders of the establishment;]
9[(ff) "exempted employee" means an employee to whom a Scheme 10[or the Insurance Scheme, as
the case may be], would, but for the exemption granted under 11*** section 17, have applied;
(fff) "exempted 12[establishment]" means 13[an establishment] in respect of which an exemption has
has been granted under section 17 from the operation of all or any of the provisions of any Scheme
10[or the Insurance Scheme, as the case may be], whether such exemption has been granted to the
12[establishment] as such or to any person or class of persons employed therein;]
(g) "factory" means any premises, including the precincts thereof, in any part of which a
manufacturing process is being carried on or is ordinarily so carried on, whether with the aid of power
or without the aid of power;
14* * * * *
(h) "Fund" means the provident fund established under a Scheme;
(i) "industry" means any industry specified in Schedule I, and includes any other industry added
to the Schedule by notification under section 4;
10[(ia) "Insurance Fund" means the Deposit-linked Insurance Fund established under
sub-section (2) of section 6C;
(ib) "Insurance Scheme" means the Employees Deposit-linked Insurance Scheme framed under
sub-section (1) of section 6C;]
15[
16[(ic)] "manufacture" or "manufacturing process" means any process for making, altering,
repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing or
otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery
or disposal;]
(j) "member" means a member of the Fund;
(k) "occupier of a factory" means the person who has ultimate control over the affairs of the
factory, and, where the said affairs are entrusted to a managing agent, such agent shall be deemed to
be the occupier of the factory;
17[(kA) "Pension Fund" means the Employees' Pension Fund established under sub-section (2) of
section 6A;
(kB) "Pension Scheme" means the Employees' Pension Scheme framed under sub-section (1) of
section 6A;]
18[(ka) "prescribed" means prescribed by rules made under this Act;
(kb) "Recovery Officer" means any officer of the Central Government, State Government or the
Board of Trustees constituted under section 5A, who may be authorised by the Central Government,
by notification in the Official Gazette, to exercise the powers of a Recovery Officer under this Act;]
19[(l) "Scheme" means the Employees' Provident Fund Scheme framed under section 5;]
20[(ll) "Superannuation", in relation to an employee, who is the member of the Pension Scheme
means the attainment, by the said employee, of the age of fifty-eight years;]
21[(m) “Tribunal” means the Industrial Tribunal referred to in section 7 D].
Notes:
1. Subs. by Act 22 of 1958, s. 2, for clause (a).
2. Ins. by Act 22 of 1965, s. 2 (w.e.f. 24-11-1964).
3. Ins. by Act 33 of 1988, s. 3 (w.e.f. 1-8-1988).
4. Subs. by s. 3, ibid., for "on leave with wages" (w.e.f. 1-8-1988).
5. Ins. by Act 99 of 1976, s. 18 (w.e.f. 1-8-1976).
6. Subs. by Act 94 of 1956, s. 4, for clause (e).
7. Subs. by ibid., s. 3, for "a factory".
8. Subs. by Act 33 of 1988, s. 3, for "and includes any person employed by or through a contractor in or in connection with the
work of the establishment" (w.e.f. 1-8-1988).
9. Ins. by Act 37 of 1953, s. 3.
10. Ins. by Act 99 of 1976, s. 18 (w.e.f. 1-8-1976).
11. The words, brackets and figure "sub-section (1) of" omitted by Act 28 of 1963, s. 2 (w.e.f. 30-11-1963).
12. Subs. by Act 94 of 1956, s. 3, for "factory".
13. Subs. by s. 3, ibid., for "a factory".
14. Omitted by Act 25 of 1996, s. 3 (w.e.f. 16-11-1995).
15. Subs. by Act 28 of 1963, s. 2, for clause (ia) (w.e.f. 30-11-1963).
16. Clause (ia) re-lettered as clause (ic) by Act 99 of 1976, s. 18 (w.e.f. 1-8-1976).
17. Ins. by Act 25 of 1996, s. 3 (w.e.f. 16-11-1995).
18. Ins. by Act 33 of 1988, s. 3 (w.e.f. 1-8-1988).
19. Subs. by Act 16 of 1971, s. 14, for clause (l) (w.e.f. 23-4-1971).
20. Ins. by Act 25 of 1996, s. 3 (w.e.f. 16-11-1995).
21. Ins. by Act 7 of 2017, s. 159 (w.e.f. 26-5-2017).