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CMA Intermediate · Business Laws and Ethics · Employees Provident Fund and Miscellaneous Provisions Act, 1952

Under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, the Central Board constituted under section 5A and the Executive Committee constituted under section 5AA are continued after the commencement of the Code on Social Security, 2020 by which provision of the Code?

Section 153 of the Code on Social Security, 2020 continues the Central Board and Executive Committee under the 1952 Act. They keep exercising powers and functions of the corresponding bodies under the Code, until those are constituted or their period expires, whichever is earlier.

  1. ASection 153, the transitional provision, under which they continue to exercise powers and discharge functions of the corresponding organisations under the CodeCorrect
  2. BSection 164(3), which applies the General Clauses Act to every repealed body
  3. CSection 164(2)(b), which keeps them alive for exactly one year from commencement
  4. DSection 164(1), which re-enacts the 1952 Act in full

Explanation

Section 153 of the Code states that the Central Board and the Executive Committee continue to exercise powers and discharge functions of the corresponding organisations (Central Board of Trustees and its Executive Committee) under the Code. Section 164(2)(b) concerns the Schemes and Tribunal Rules, not these bodies, so the one-year option is wrong.

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