6. Contributions and matters which may be provided for in Schemes.

1[* *  *]The contribution which shall be paid by the employer to the Fund shall be 2[ten percent]. Of the basic wages, 3[dearness allowance and retaining allowance, if any], for the time being payable to each of the employees 4[whether employed by him directly or by or through a contractor], and the employee's contribution shall be equal to the contribution payable by the employer in respect of him and may, 5[if any employee so desires, be an amount exceeding 2[ten percent] of his basic wages, dearness allowance and retaining allowance if any, subject to the condition that the employer shall not be under an obligation to pay any contribution over and above his contribution payable under this section]: 

6[Provided that in its application to any establishment or class of establishments which the Central Government, after making such inquiry as it deems fit, may, by notification in the Official Gazette specify, this section shall be subject to the modification that for the words 2["ten percent"], at both the places where they occur, the words 7["12 percent"] shall be substituted:]

Provided further that where the amount of any contribution payable under this Act involves a fraction of a rupee, the Scheme may provide for rounding off of such fraction to the nearest rupee, half of a rupee, or quarter of a rupee.

8[Explanation I] - For the purposes of this 9[section] dearness allowance shall be deemed to include also the cash value of any food concession allowed to the employee.

10[Explanation II. - For the purposes of this 9[section], "retaining allowance" means allowance payable for the time being to an employee of any factory or other establishment during any period in which the establishment is not working, for retaining his services.]

11[ * * *]

 

 

Notes:

1.  Omitted by Act 28 of 1963, s. 5 (w.e.f. 30-11-1963).

2.   Substituted by Act 10 of 1998, s. 2, for “eight and one-third per cent.” (w.e.f. 22-9-1997).

3.  Substituted by Act 46 of 1960, s. 4, for “and the dearness allowance” (w.e.f. 31-12-1960).

4.   Inserted by Act 28 of 1963, s. 5 (w.e.f. 30-11-1963).

5.  Substituted by Act 33 of 1988, s. 9, for certain words (w.e.f. 1-8-1988).

6.  Substituted by s. 9, ibid., for the First Proviso (w.e.f. 1-8-1988).

7.   Substituted by Act 10 of 1998, s. 2, for “ten per cent.” (w.e.f. 22-9-1997).

8.   The Explanation re-numbered as Explanation 1 by Act 46 of 1960, s. 4 (w.e.f. 31-12-1960).

9.   Substituted by Act 28 of 1963, s. 5, for “sub-section” (w.e.f. 30-11-1963)

10.  The Explanation Inserted by Act 46 of 1960, s. 4 (w.e.f. 31-12-1960).

11. Omitted by Act 28 of 1963, s. 5 (w.e.f. 30-11-1963).