EPF Scheme, 2026 notified under Social Security Code; replaces EPF Scheme, 1952 and introduces Employees’ Enrolment Campaign, VISHWAS and AMNESTY schemes

The Ministry of Labour and Employment has notified the Employees’ Provident Funds Scheme, 2026 under the Code on Social Security, 2020. The Scheme comes into force on the date of its publication in the Official Gazette, i.e., 29^th June 2026 and supersedes the Employees’ Provident Funds Scheme, 1952, except in respect of actions already taken under the earlier Scheme. The notification also introduces three special measures, namely Employees’ Enrolment Campaign, 2026, VISHWAS, 2026 and AMNESTY, 2026.

Key Highlights:

1. The Employees’ Provident Funds Scheme, 2026 has been notified in supersession of the Employees’ Provident Funds Scheme, 1952 and applies to establishments covered under Chapter III of the Code on Social Security, 2020 as well as specified Government establishments whose employees are not entitled to contributory provident fund or old-age pension benefits under any other statutory scheme.
2. While the EPF Scheme, 1952 operated under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, the new Scheme has been framed under the Code on Social Security, 2020 and introduces updated definitions such as authorised signatory, excluded employee and international worker, continues membership of existing EPF members, prescribes membership rules for new employees and international workers, permits voluntary provident fund coverage on wages above the prescribed wage ceiling and introduces revised electronic reporting and disclosure requirements.
3. Unlike the EPF Scheme, 1952, the new Scheme prescribes detailed electronic returns and ownership disclosures requiring furnishing of establishment particulars, ownership information, PAN, GST registration, bank account details and related records through prescribed forms and online filings.
4. The Scheme introduces Employees’ Enrolment Campaign, 2026, which shall remain in force until 31 October 2026 and permits employers, whether previously covered or not, to apply for coverage and enrol employees who joined between 1 April 2009 and 31 March 2026 but were not enrolled earlier, provided such employees continue to be employed on the date of declaration.
5. Compliance in respect of employees declared under the Campaign shall commence from the month of declaration, subject to the condition that employee contributions had not previously been deducted and retained by the employer.
6. Employers seeking to avail the Campaign are required to generate UANs through Face Authentication Technology on the UMANG application, remit contributions through Electronic Challan-cum-Return and submit declarations through the designated EPFO portal, with multiple declarations being permitted under the Scheme.
7. Employers filing declarations under the Campaign are required to undertake regular compliance under the Code from the date of declaration and may participate in the Campaign notwithstanding pending inquiries under the repealed Act, the Code, the EPF Scheme, 2026, the EPF Scheme, 1952 or the associated pension schemes.
8. Declarations made under the Campaign are required to be considered by inquiry authorities while deciding pending proceedings and, where declarations relate to periods covered by inquiry, damages shall be limited to the extent prescribed under the Campaign in respect of declared employees, wages, contributions and duration of employment.
9. For employees declared under the Campaign, employers are required to deposit employer contributions together with interest and administrative charges, while employee contributions for the period from 1 April 2009 to 31 March 2026 are waived where such contributions had not been previously deducted or recovered, and damages for eligible defaults between 1 July 2009 and 31 March 2026 are prescribed at ₹100 under the Campaign.
10. The Campaign shall not apply to cases where assessments have already been concluded and no action shall be initiated against employers in respect of employees who had left service before the declaration date, subject to prescribed undertakings, while declarations made through misrepresentation or suppression of facts shall be void ab initio and attract action under the Code.
11. The Scheme continues the position that membership under the Employees’ Pension Scheme shall remain subject to the prescribed wage ceiling and that employees joining after 1 September 2014 whose wages exceed the wage ceiling shall not become members of the pension scheme.
12. Unlike the EPF Scheme, 1952, which did not contain a dedicated damages settlement mechanism, the Employees’ Provident Funds Scheme, 2026 introduces VISHWAS, 2026 for defaults in payment of contributions relating to periods prior to 14 June 2024.
13. VISHWAS, 2026 shall remain valid for six months from the date of notification and may be extended for a further period not exceeding six months.
14. The Scheme extends VISHWAS, 2026 to specified pending, disputed and unrecovered damage proceedings, including cases where damage orders are under challenge, where recovery remains pending, where notices have been issued but final orders are yet to be passed and where notices are yet to be issued, while excluding cases where the entire damages amount has already been deposited.
15. Appeals filed under the repealed Act, the Code or before judicial forums in respect of eligible notices or orders shall stand abated upon remittance of damages determined under VISHWAS, 2026, and the Scheme further prescribes treatment of partially recovered amounts, unpaid damages and statutory pre-deposits made in appeal proceedings.
16. The Central Provident Fund Commissioner has been empowered to issue operational guidelines for implementation of VISHWAS, 2026.
17. Unlike the EPF Scheme, 1952, which did not contain a corresponding amnesty mechanism, the Employees’ Provident Funds Scheme, 2026 introduces AMNESTY, 2026 for exempted establishments and provident fund trusts operating without formal exemption notifications under the repealed Act or the Code, notwithstanding recognition under the Income Tax Act, 1961.
18. AMNESTY, 2026 shall remain valid for six months from the date of notification and may be extended for a further period not exceeding six months on the recommendation of the Central Board and classifies eligible establishments into those proposing compliance as un-exempted establishments after retrospective regularisation and those seeking continuation as exempted establishments under the Code.
19. For Category-I establishments, the Scheme permits retrospective recognition of exemption and trust operations, deems the trust operation period as satisfying the three-year compliance requirement applicable under exemption rules, waives prescribed employee strength and corpus conditions and permits transfer of provident fund balances to the Employees’ Pension Scheme, 1995 or Employees’ Pension Scheme, 2026 in specified cases.
20. Eligible establishments shall not be treated as defaulters solely on account of absence of formal exemption approval where statutory contribution and interest standards have been maintained, and the Scheme provides for withdrawal or abatement of specified proceedings, voiding of certain completed orders, adjustment of recovered amounts against future dues and continued assessment in respect of left-out employees, delayed transfer of funds and other matters specifically identified under the Scheme.
21. Establishments availing AMNESTY, 2026 remain liable for surcharges arising from deviations from prescribed investment patterns and are required to furnish employee and trust records, provide audited accounts and investment details, undergo compliance and special audits, bear audit-related costs, cooperate with EPFO authorities and transfer corpus where applicable in accordance with directions issued under the Scheme.
22. The Scheme assigns EPFO responsibilities relating to acceptance and processing of applications, compliance audits, appointment of special auditors, communication of deficiencies, issuance of public notices and processing of exemption regularisation requests, while requiring the appropriate Government to issue final orders regarding admissibility of AMNESTY applications within six months from receipt of a complete application.

Source: E Gazette