Section 418 – The Companies Act,1956

The Companies Act, 1956

418. Provisions applicable to provident funds of employees

1[(1) Where a provident fund has been constituted by a company for its employees or any class of its employees, all moneys contributed to such fund (whether by the company or by the employees) or received or accruing by way of interest or otherwise to such fund shall, within fifteen days from the date of contribution receipt or accrual, as the case may be, either- (a) be deposited- (i) in a post office savings bank account, or

(ii) in a special account to be opened by the company for the purpose in the State Bank of India or in a Scheduled Bank, or

(iii) where the company itself is a Scheduled Bank, in a special account to be opened by the company for the purpose either in itself or in the State Bank of India or in any other Scheduled Bank; or

(b) be invested in the securities mentioned or referred to in clauses (a) to (e) of section 20 of the Indian Trusts Act, 1882 (2 of 1882).]

(2) Notwithstanding anything to the contrary in the rules of any ‘ provident fund to which sub-section (1) applies or in any contract, between a company and its employees, no employee shall be entitled to receive, in respect of, such portion of the amount to his credit in such fund as is invested in accordance with the provisions of sub-section (1), interest at a rate exceeding the rate of interest yielded by such investment.

(3) Nothing in sub-section (1) shall affect any rights of an employee under the rules of a provident fund to obtain advances from or to withdraw money standing to his credit in the fund, where the fund is a recognised provident fund within the meaning of clause (a) of section 58A of the Indian Income-tax Act, 1922 (11 of 1922), or where the rules of the fund contain provisions corresponding to rules 4, 5, 6, 7, 8 and 9 of the Indian Income-tax (Provident Funds Relief) Rules.

(4) Where a 2[***] trust has been created by a company with respect to any provident fund referred to in sub-section (1), the company shall be bound to collect the contributions of the employees concerned and pay such contributions as well as its own contributions, if any, to the trustees 3[within fifteen days from the date of collection]; but in other respects the obligations laid on the company by this section shall devolve on the trustees and shall be discharged by them instead of by the company.

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1. Subs, by Act 65 of I960, sec. 159, for sub-section (1) (w.e.f. 28-12-1960).

2. The word “separate” omitted by Act 65 of 1960, sec. 159 (w.e.f- 28-12-1960).

3. Ins. by Act 65 of 1960, sec. 159 (w.e.f. 28-12-1960).

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