II dated 14.2.83 the State Government hereby exempts all schools and educational institutions aided by the State Government from the operation of all the provisions of the Provident Fund Scheme only.
On 24.01.1998, the State Government Educational Department passed an order by which it transferred the existing Provident Fund amount from the State treasury to the office of Regional Provident Fund Commissioner.
The Regional Provident Fund Commissioner also filed 2 writ petitions in the High Court.
II, Jaipur Dtd.26.10.1993 NOTIFICATION Notification No.
This shall have immediate effect.
1085/2000 .
Later on 24.08.1998, the State Government Finance Department passed an order about transfer of Provident Fund amount from State treasury to the Provident Fund Commissioner.
Against this order of the learned Single Judge, the RPFC went on appeal before the Division Bench of the Rajasthan High Court.
Various Educational Institutions filed 21 writ petitions in the High Court of Rajasthan, challenging the orders and circulars of the State Government issued on 05.08.1997, 24.01.1998 and 24.08.1998.
He submitted that the demand issued by the Regional Provident Fund Commissioner at Udaipur was ultra vires and beyond jurisdiction because there was already an exemption under law for the purposes of application of this Act and, therefore, the order dated 23.05.1997 was a nullity.
Against this decision of the High Court, the RPFC went on appeal to the Division Bench of the High Court which in turn by an order dated 16.09.2002, dismissed the appeal.
Further on 23.02.2003, the respondent, Educational Institution filed the S.B. Civil Writ Petition before the High Court challenging the order of the State Government directing the Non Governmental aided Educational Institution employing 20 or more persons to deposit its companytribution with the RPFC.
On 05.08.1997, the State Government Finance Department issued an order to implement the provisions of the EPF Act, 1952 on Non Governmental aided educational institutions employing 20 or more persons.
Under the State Act itself, the Control by the State is in the following ways Under Section 3 of the State Act, the State Government grants recognition to the Non government educational institutions.
7738/2004, 7740/2004, 7739/2004, 715 737/2005, 739/2005, 742/2005, 741/2005, 746/2005, 745/2005, 738/2005, 747/2005, 748/2005, 740/2005, 750/2005, 749/2005, 752/2005, 751/2005, 743/2005, 744/2005 and 753/2005.
It was further submitted that the exemption was withdrawn from October, 1993 onwards and, therefore, the exemption numberification granted under this Act was prevalent between January, 1983 to September, 1992.
Under Section 8, the institutions are thereafter required to keep accounts in the manner prescribed by the State.
BY ORDER OF THE GOVERNOR Sd K.L.KOCHAR SPECIAL SECRETARY TO THE GOVERNMENT GOVERNMENT OF RAJASTHAN Labour Department No.
II dated 14.02.1983 and even numberification dated 23.12.1988 issued by this department under Sub section 1 of Section 17 of the Employees Provident Fund Miscellaneous Provisions Act, 1952 Central Act 19 of 1952 is hereby nullified with immediate effect.
F.13 9 Shram/82 Pt.
By the Order of Governor Sd Ramveer Singh Bhanwar Labour Commissioner and Deputy Secretary to the Government Learned companynsel appearing for the respondent in C.A. Nos.
It was submitted that recognition by the State is of prime importance for running and operating an educational institution.
However, the Division Bench also observed that the EPF Act will number apply to the Educational Institutions before the Court and dismissed the appeals filed by the RPFC.
The said two numberifications read thus GOVERNMENT OF RAJASTHAN Labour Department No.
The aid given by the State can be used only for the purpose for which the aid has been given.
F.13 9 Shram/82 Pt.
WITH CIVIL APPEAL Nos.
Later in 1989 the Rajasthan Legislative Assembly passed The Rajasthan Non Government Educational Institutions Act, 1989 which came into force from 01.01.1993.
The High Court disposed off the matter in favour of the Educational Institution in line with the decision in the matter of Balbari Vidya Mandir Churu v. State of Rajasthan others S.B. Civil Writ Petition No.
Brief facts in the matter are as follows The Employees Provident Fund and Misc.
Dr. AR.
F.13 9 Shram/82 Pt.
While the institutions belonging to the Central or the State Government would imply the companytrol of the State but the privately owned institutions can be under the companytrol of the Government in various ways.
Being aggrieved by this order of the High Court of Rajasthan, the appellant, RPFC has approached this Court.
The Act came into force on 01.01.1993.
