NATIONAL PROVIDENT FUND ACT

Section 2: Interpretation.

1961Section 2 of 46Federal Republic of Nigeria

(1)
In this Act, unless the context otherwise requires-
"Advisory Council" means the National Provident Fund Advisory Council under this Act;
"appointed day" means the day on which this Act comes into force, or where the Order of the Minister relates to certain provisions only of this Act, means the day on which those provisions come into force or are applied to any particular person or class of persons, as the case may be;
"benefit" means any benefit payable under this Act;
"Board" means the Management Board established under section 1 of the National Provident Fund (Management Board etc.) Act.
"casual worker" means any worker engaged on a daily contract of service who has not been employed by one employer for a continuous period of three months, the continuity of which shall not be construed as interrupted if broken by not more than fourteen days during the period of three months;
"child" means any person under the apparent age of sixteen years or any person between the apparent ages of sixteen and eighteen years who is receiving full-time education or training and is not paid wages; and includes a step child, an illegitimate child and any child adopted in a manner recognised as lawful in Nigeria;
"contract of service" includes service as a tributer, which for the purposes of this Act has the same meaning as in
the Minerals Act;
"contribution period" means where wages are paid to a worker-
(a) at intervals of more than a fortnight, the month during which the wages are paid; or
(b) at intervals of more than a week but not more than a fortnight, the fortnight ending with the last day of the week in which the wages are paid; or
(c) at intervals of a week or less, the week in which the wages are paid;
"contributions" means the contributions of the employer or of the worker, as the case may be, payable under this Act;
"court" or "the court" means any court of competent jurisdiction;
"Director" means the Director of the National Provident Fund under this Act;
"employer" in respect of any worker employed or engaged as a member of the crew of any ship means the owner
or owners of the ship, or the agents in Nigeria of the ship as the case may be, and in any other case means
the person with whom the worker entered into a contract of service or apprenticeship, and who is responsible for
the payment of the wages of the worker;
"the Fund" means the National Provident Fund established under this Act;
"incapable of work" and cognate expressions mean in relation to any person an incapacity for work by reason of some specific disease or bodily or mental disablement, and include any person under this Act deemed to be so
incapable;
"member of the Fund" means any person to whose credit there is an amount standing in the Fund;
"Minister" means the Minister charged with responsiblity for the Fund;
"paid" means paid in money or money's worth, and where it has reference to a date of payment means the date on which the payment was made in cash, or as the case may be, the bill of exchange or promissory note was met;
"the Reserve Fund" means the National Provident Reserve Fund under this Act;
"survivor" means any person who, on the death of a member of the Fund, may be entitled to a survivor's benefit under this Act;
"wages" means remuneration in money paid to a worker under his contract of service or apprenticeship as the case may be, and whether agreed to be paid as fixed or determinable
intervals of time-
(a) in respect of normal periods of work to be performed by the worker; or
(b) where payment is calculated in relation to set tasks, in respect of the number of tasks completed by the
worker; or
(c) where payment is calculated in relation to the volume of work done, in respect of the volume completed by the worker, and includes any allowance payable by the employer to the worker either directly or by implication in respect of the cost of living;
"work" includes piece work;
"worker" means any person who not being a child-
(a) is employed in Nigeria under any contract express or implied of service or apprenticeship with an employer whether by way of manual labour, clerical work or otherwise and howsoever paid, such contract not being one of employment as a member of the crew of any ship; or
(b) is a permanent resident in Nigeria and is employed under a contract of service or other agreement entered into in Nigeria as a member of the crew of any ship, the owners of which have a place of business, or have agents, in Nigeria; or
(c) is a permanent resident of Nigeria and is employed outside Nigeria under a contract of service with an employer in Nigeria by whom he is paid.
(2)
In this Act, a person shall be deemed to be over or under any age therein mentioned if he has or has not attained that age, and shall be deemed to be between two ages therein mentioned if he has attained the first mentioned age but has not attained the second mentioned age.

Cite this section

Section 2, NATIONAL PROVIDENT FUND ACT (1961).

https://repo.podus.ai/laws/national-provident-fund-act/section/2/