Lok Sabha Question No. 2412 (UNSTARRED), answered on 2017-07-31
Subject: Contract Workers in ECHS
Ministry: LABOUR AND EMPLOYMENT
Asked by: NARANBHAI KACHHADIA

## GOVERNMENT OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT LOK SABHA

UNSTARRED QUESTION NO. 2412

TO BE ANSWERED ON 31.07.2017

## CONTRACT WORKERS IN ECHS

†2412. SHRI NARANBHAI KACHHADIYA:

Will  the  Minister  of  LABOUR  AND  EMPLOYMENT  be  pleased  to state:

- (a)whether the EPF and MP Act, 1952 is applicable to all staff working on
- contract basis in the ECHS and if so, the details thereof;
- (b)the details of documents required for the settlement of claims in case
- any pensioner does not have Aadhaar Number;
- (c)whether the registration campaign 2017 was launched by the Employee Provident Fund Organisation (EPFO) from 1st January, 2017 to 31st March, 2017 to cover the remaining employees and if so, the details thereof; and
- (d)whether the said campaign was completed within the said period and if so, the details thereof and if not, the reasons therefor?

## ANSWER

## MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI BANDARU DATTATREYA)

(a): The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 is applicable to every establishment which is a factory engaged in any industry specified in Schedule I and in which 20 or more persons are  employed  and  to  any  other  establishment  employing  20  or  more persons or class of such establishments which the Central Government specifies by notification in the Official Gazette.

As  per  section  2(f)  of  the  said  Act,  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 an establishment and who gets  his  wages  directly  or  indirectly  from  employer  and  includes  any person  employed  by  or  through  contractor  in  or  in  connection  with  the work of the establishment.

As such the contract employees working with ECHS covered/coverable establishments are eligible for benefits under said Act and the Schemes framed thereunder.

(b): As per the Ministry  of  Labour  and  Employment's  Notification bearing  S.O.  26(E)  dated  04.01.2017,  a  member  or  a  pensioner  of  the Employees' Pension Scheme desirous of continuing the benefit of the said Scheme, who is not yet enrolled for Aadhaar shall be required to make an application  for  Aadhaar  enrolment  by  31st  January,  2017,  in  case  he  is entitled  to  obtain  Aadhaar  as  per  the  provisions  of  section  3  of  the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services)  Act,  2016    and  such  members  and  pensioners  may  visit  any Aadhaar  enrolment  center  (list  available  at  www.uidai.gov.in)  to  get enrolled  for  Aadhaar.  However,  till  the  time  Aadhaar  is  assigned  to  the said  member,  the  Central  Government's  contribution  and  subsidy  under the  aforesaid  Employees'  Pension  Scheme  shall  be  given  based  on  the alternate and viable means of identification as notified by the Employees' Provident Fund Organisation (EPFO) subject to the production of certain documents.

EPFO has also issued instructions on the subject which, interalia,  provides  that  a  member  must  furnish  the  Aadhaar  Number  while submitting  claim  Form  under  Employees'  Pension  Scheme  (EPS),  1995 w.e.f.  01.02.2017.  In  case,  a  member  has  not  been  allotted  Aadhaar Number a  copy  of  his/her  Aadhaar  Enrolment  ID  slip  may  be  submitted along with the claim form for settlement of claim under EPS, 1995.

Further,  if  a  member  has  neither  got  Aadhaar  number  nor enrolled  for  Aadhaar  number,  the  field  offices  should  provide  facilities within  office  premises  itself  for  enrolment  of  Aadhaar  number  and  the copy  of  his/her  enrolment  slip  must  be  submitted  in  the  Claim  Form. However, for the State of Assam and North East States, the condition of submission of Aadhaar Number has been relaxed upto 30.09.2017.

(c) & (d): The enrolment campaign started with effect from 01.01.2017 and  ended  on  30.06.2017.  Under  this  campaign,  an  employer,  whether already  covered  or  yet  to  be  covered,  could  enroll  employees  who remained un-enrolled for any reason between 01.04.2009 and 31.12.2016 by making a declaration of such employees during the campaign period.

As on 30.06.2017, approximately one crore members had been enrolled including those under declaration.

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