रजजस्ट्री सं. डी.एल.- 33004/99 REGD. No. D. L.-33004/99
MINISTRY OF LABOUR AND EMPLOYMENT
NOTIFICATION
New Delhi, the 18th May, 2020
S.O. 1513(E).—Whereas due to Covid-19 pandemic, lockdown Is in force across the country and the Central Government after making necessary inquiry is satisfied that to provide liquidity in the hands ofemployers and employees, there arises a need to amend the notification of the Government of India in the Ministry of Labour published in the Gazette of India, Extraordinary, Part II, section 3, sub-section(ii) vide number S.O. 320(E), dated 9th April, 1997.
Therefore, in exercise of powers conferred by first proviso to section 6 of the Employees’
Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government, aftermaking aforesaid inquiry, hereby makes the following amendments in the said notification number S.O.320 (E) dated the 9th April, 1997, namely:-
In the said notification, in SCHEDULE II, after clause (iv), the following clause shall be inserted,
namely:-
“(v) Any establishment, other than Central Public Sector Enterprises and State Public Sector
Enterprises and other establishments owned by, or under the control of the Central Government or
the State Government, as the case may be, in respect of wages payable by it for the months of May,
June and July, 2020”.
Provided that this clause shall not be applicable to the establishments eligible for relief under the Pradhan Mantri Garib Kalyan Yojana guidelines issued by the Employees’ Provident Fund Organization vide its Office Memorandum No.C-1/Misc./2020-21/Vol.II/Pt. dated 9th April, 2020 ”.
[F. No. S-35019/01/2020-SS-II)
R. K. GUPTA, Jt. Secy.
Note : The principal notification was published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (ii) vide S.O. 320 (E), dated 9th April, 1997.
S.O. 320(E), dated April 9, 1997.-In
exercise of the powers conferred by the first proviso to Section 6 of the
Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952)
and in supersession of the notifications specified in Schedule I to this
notification except as respects things done or omitted to be done before such
supersession, the Central Government after making necessary inquiry into the
matter hereby specifies with effect from the first day of May, 1997 every
establishment and class of establishments other than those specified in
Schedule II, to which the said proviso shall apply, the words "eight and
one-third per cent at both the places where they occur, the words "ten per
cent" shall be substituted.
SCHEDULE I
(i) S.O. No. 360 dated the 17th May, 1989
(ii) S.O. No. 1837 dated the 29th June,
1990
(iii) S.O. No. 627(E) dated the 31st
August, 1994
(iv) S.O. No. 126(E) dated the 1st March,
1995
SCHEDULE II
Establishments to which the first proviso
to Section 6 shall not apply:
(i) Any establishment in which less than
twenty persons are employed;
(ii) Any sick industrial company as defined
in clause (o) of sub-section (1) of Section 3 of the Sick Industrial Companies
(Special Provisions) Act, 1985 (1 of 1986) and which has been declared as such
by the Board for Industrial and Financial Reconstruction established under
Section 4 of the Act, for the period commencing on and from the date of
registration of the reference in the Board and ending either on the date by
which the net worth of the said company becomes positive in terms of the orders
passed under sub-section (2) of Section 17 of that Act or on the last date of
implementation of the scheme sanctioned under Section 18 of that Act;
(iii) Any establishment which has at the
end of any financial year accumulated losses equal to or exceeding its entire
net worth that is, the sum total of paid-up capital and free reserves and has
also suffered cash losses in such financial year and the financial year
immediately preceding such financial year.
Explanation.-For the purposes of clause
(iii) "cash loss" means loss as computed without providing for
depreciation;
(iv) Any establishment in the,-
(A) Jute industry;
(B) Beedi industry;
(C) Brick industry;
(D) Coir industry other than the spinning
sector; and
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