( I I , I l /\ N ('.J ( : )( ( 1 , .... ,<" __ YJ . ~ \ RULES & REGULATIONS OF THE DARGAH KHWAJA SAHEB EMPLOYEES PROVIDENT FUND ASHFAQUE HUSSAIN, R.A.S. NAZIM - - -------------- · I ., •. ~ I 0 I I \ Of No:DKS/D.C.M.--Au;tJST/98/- ' 09.06.1998. An extract from .. the minutes of the Dargah Conmittee Meeting held on 09th August,1998.
5.2 b) Item Ho. 6.3. Dated.21.06.98: To consider application of some employees regarding advance from their P.F. Fund: Rules for Provident Fund, which were framed by President, and C.A. & aePr~ed. V (Ashf~in) . Nazim. ....... (Ji} I I J I ) I
1. (~ )
(b)
(c)
(d) RULES AND RPSJLATJ:005 OP' 'l'HE DMG1'H JICH'iP.JA SAHEB EMPLOYEES PROVIDENT P'UNO. ~: The Fund sh~ 11 be called th<=! "DARGAH KHWAJA PROVIDENT FUND". In these Ru l es and Regulations thP. following shall, unless ~xclutied by or repugnant to their context, have· the meaning here attached to them viz- The O.K.S. me~ns the Oargah Khwa j a Saheb,Aimer. The Cornmitteq oc D3rg-,h Corrrnittee means O.'\rg,-,h Comnittee,AimAr, Constituted und~r the provisions of 'l'he Dargah Khwaia Saheb Act.,
1955. "TRE FUND" means Dargah Khwaja Saheb Employees Provident Fund. 1'"THE 'l'RUSTEE" :n~ns the Trustees of the Fund th~ t imP. being as pr<>vided in the afores~id Tt:i1st ~ed and where not inconsistent v•ith the context, ~hall m~'\n each or any of the Trustees. The 'T'rUstee mean~ and include~ present Trustees or survivor or Survivors among them or other Trustees or Trustees for the time heinq of the Fund. (.-.) "RASTC SJ\f.ARY/WI\GE.<J" !'\hi'lll mF>l'ln 1'111 4'mo111mAnt~ whi.r.h l'\'C'~ ~!\rn~ by an employee while on duty or '.)n leave •,tith salary/Wages in accord"lnce with t'!?rms of the contract of employment and which are payable to him but does not include: ( i l The Ca2h value of any Food conr.ession.
(ii) Any oresent made by the errrployer.
( f) "Ment>er" sh~ll mean any pee.son who i.=J "l membec of the f1.1nd.
(g) "FAMILY" ~hall m~~n-
(i) In the ca~e of a male M~hcar, the wife, childr,;,n wli<:!ther m3rr ied or unmarried, ,'lnd deofmc'tent prtr.~t '3 of the member, <lnd the widow i'lnd children of a deceased son of the Member, i;,rovided that if a memb':!r. proves that his wife has cea~ed, undec the i'.)ersonal law governing him or the customary l11w of the community to whir.h the ~,x>uses belon<J, to be cmtitleo t~ .m,'lil\ten'\nca ~he shall no longer be deemed to b~ ~rt of the member's family for the pucpose of this ~un<l, unless the member subsequently intimates by express notice in writing to the Trustees that she shall ~nntinuA tn hP ~o r1Jq~r.nf'fi ~n~
(ii) In the case of a E'ema le member, the husb,~nd and Children of 1 lir.1 Metnher, t.he ,1a1>tctrv1enl'. ""ronl""t ,') f tha h11f'h1m,1 :\nn th~ wtcl,)\I ~nd ch ildr<2n of a deceased son of the m'!ll\ber: provided th"lt if ., rn•:trnhoc by notico in wcitln11 t.o th~ 'l'r.n"'tt:te~ oxpr@8:'19!" her a~~lr~ to exclude liec husband from the family, the Hu~':x'\nd or his -.:3ependent parents shall :10 longer be '3~ed to b~ a !'.)art of the Contd.I ····--- ·· ' ...... ... ... .
( 2 ) ment>er':\ family for the ouroo'3'! -:,f this Pund, un l ~s.-i subsequently c anc els in \olt'iting '\ny s uch notice. IDCPLANATION: In o.ith'!r of the abov'! two c ases 1e th~ chi l d of~ ~ember hass"i~IIIII .. ,....,.... '\dooted by .3noth~r o~rson ana if , und~r the P9rson"1l Law of the adoot e t:' adoption is logally recoghised such a child shall h~ considered as excluded f. re>m the family of tho. me--:~er .
(h) "CHILDREN" '3hal l :nean legiti?Mt~ children and incl1Jr'!o. adoot~ children if the 9o-it."d of Tt."ustees is satisfied that un,:!er the "Personal L~w of. the Member 3doption of. 3 Child is lec-J~lly rcc~ni sed.
( i) "CONTINUOUS SF.:RVICE:" shall mean uninterrupted servic'!! and inclur:Je service which is interru9ted by sicknes~, 3ccident,authorisqd lP.ave, strike which is not illegal or =essation of wor~ not due to the ~loyee'~ fault.
( i) ",\CCOUNTING YE,a.R" shall mean the period beginning on the first ~Y o f h.ot."il. ~nd ending on the3lst d-:\y ~f March.
(k ) THE FUND SHALL ~SIST OF: ( i l Contribution by th~ memb9rs out of their Salary or Wag~s . ( i.i l ~ ontrihtJtir,n hy thP. emoloye r~ . ( ii i ) .3ur:i f--,r f iet l?d t o th-" F'nnd . ( i v) Intere~t !\nd di videnrl~ which the invest!TlP.nt f')f monev forminq th~ 1.-'und from tim9 to time rMy nroduc~ .
( v) Such other sums ~s m.~y accure to the l1\mn from tlny .,ourco whatsoever.
( l) "AN E:MPLOYEF.:" shall mean any ~erson .who is emoloyed for wages in ~ny kind of wor~, manual or otherwis~ on the· work of the ~stablishment, and who gets his wages directly from the Employer.
(m) "I\CCU"fUL!\TED BAL)I.NCE ous;; 'lY.) A ME."1BER" means the Balance to his credit or such oortion thereof, as may be claimable by him under the Rules ~nu Regulations of th~ Fund, on the dav he ceases t '"> oe a memh,ir of the. ,~und.
(n) "CONTRIBUTIOON" shall mP.an any sum credit<:!d tr; or on behalf of
3.riy employee out of his Salary or by an 'YTIOloyer out of. his own rroney3 to thP. individu~l a~count of an employee · but does not inc'ude any sum credited as interest.
3. ESr~LISHMElff OF THE l!'UND: The Fund sha 11 bP. deemed to have be~n stabl ished f.rom I!lt J uly, 1991. The tMnagement has decided to contribute management ·sha:··e towards P . e' . from Ist April,1989.
4. OP~TIOO OF RULES: The Fund shall be governed 'c!f these Rules and Regulations or by su-::h other Rules and Regulations as shall for the time ~ing, be in force. eve-cv member on ioining the Fund shall sign a decl'iration in Form No.l of ':19Pendi.x here to undertaking to be bound by t l-te3e Rul<!s i'lnd R<:>g1Jlations ana shall a t the same time Ct)l'ltd • • • 3 , i l f
5. { 3 ) entitled to receive a copt of the Rules and Regulations nevertheless that the Rules & Regulations of bein~ in force shall oo binding upon every mP.mber whether or not he ~hall have received.a co9y of the Rules and Regulations. ' · MfilmERSBIP:
(a) Every employees who has completed one year of service as an employee of Dargah Khwaja Saheb will 00 member of Provident Fund whether he is confirmed or not.
(b) Part time ~ployee will not be member of Provid~nt Fund.
(c) A retired persqn on compl etion of 58 years age and re-employed in Dac-gah will nc,t be eligible for becoming member of Provid~nt Fund. (d~ A. person who has attained age of 65 years will not be a member of Provirlent• Fund.
6. MeMBER 'S CCN'l'RI&n'IOO: At the rate of 8 .33 i of his basic salary/wages plus dearness allowance w.e.f.Ist July,1991 .
7. EMPLOYER' S CCNl'R:t&n'IOO: At the rate of 8 . 33 % of his basic salary/ wages plus dearness allowance w. e . f. Ist April, 1989 . Each contribution shall be calcu lated to the neare~t rupee, to be counted as a next higher rupee . Each Salary/wage for the purpose of calcul~ting contribution shall be r<,unded off to the nearest rupee .
8. WHAT THE FUND SHALL CONSIS'l' OF:
9 . The Fund shall consist of contributions as above specified i:"<:K:Piv~ by the 'l'ru..'"t~, uf: ~ccumul,. .. 1.·on,;: ... h f a •1 ..... - ... e r eo an of interest credited in respect of such contributions and accumulations and of securities purchased therewith , and of any capital gains arising from the transfer of Capital Assets of the Fund and of no other ~ums. MEMBERS ACCCXNl':
(i) A separatP. account sha 11 be keot with respect to each m':!!Tlber, showing ( i) the amount of his own contributions with the proportionate amount of interest earned there on and (ii) the amount of the contributions of Dargah Khw"'ia Saheb with the pro90rtionate amount of int9rest earn~ thereon in the form prescribed by Rules made under t h'l! Fund .
(ii) Any member making .~ requgst in this hehal f to the Truste"!!s shall be permitted to inspect his account himself or to have the same inspected by any person duly authorised by him in wr.iting to do so, within 72 hours of making such request provided that no such request shall oo entertained more than once. in every two months. Contd ••• 4
(iii) ( 4 ) As soon as possible after the close C:)f each ; year,the trustees shall send to each member a of his account in tl-te Fund at t he beginning of the year, amount contributed during the year the total amount of. Interest credited at the end of the period or debited in the period and the Closing Balance at the end of the year. Members shall satisfy themselves as to the correctne<:ts of the annual statement Ntd any error should be brought to the notice of the Trustees within six months of the receipts of the statement. LEAVE CCNTRIBOTIOO: A member who shall be absent on leave without s;,ay may be oecyitted 'r:f.{ the Odrgah Khwaja Saheb to continue to pay his contribution to the t='tind during such absence . However Pargah Khwaja Saheb shall not be required to contribute its share against such c,ontribution. lllVES'l'KENTS: That monthl·1 employees contribution and Equal contribution of Dargah Khwaja Saheb will be, deposited in savings Bank account opened with State Bank of Bikaner and ,Jaii::>ur, Dargah Bazar, ~ jmer before 10th of every month. The !?'unds of Provident Pund will be invested in F : o.R s . and other Government securitiP.s to e/3m aexinum interest . The yearly interest so earned will be crooited to ·:he members account in ratio of amount standing crdited in their P.F.Accounts . LOAN FROM PROVIDENT FUND: Loan from Provident Fu.nd will b~· granted as:
( i) Non Recoverable Loan. ~ Rl!X:OVERABLE [,OAN: { i) A;$$E·-· completion of __ ? =vears of membership P. F. Fund Non- Recoverable Loan wui be given ·10 .. th~ given circumst1:1nces:
(a) (i) On the marriage of own daughter/dep~dent 3ister .
(ii) E'or treatment of un-curable diseaml to himself, wife .or any dependent . That the above lo~n will be restricted to own contribution upto di3te of ~pplication.
(iii) For buying land for construction of dwelling house or for construction of a dwelling house/ fl tit: rir. f.oi: pur~h!:l·C\ i ng d dwe 11 tng house or flat • ·rhe ,1bove loan wl ll b@ rt,:Jt dctod to m.,mb~r. ':, own ~-- .. ---·-- contribut inn plu.~ ,oi of D.':lrg1:1h Khwaia Saheb contribution standing in the name of the member on the day of grant or payment of will be paid satisfied: lo-:1rt, provid'!d further that no ~uch loi'\n unless the following con<Ut i::>ns ar':! Contd •• •• • 5 ( 5 ) '!he Trustees are satisfied after cecocds/documents produced by the member Mo more than 50% of,._ ,sanctionable Loan at the time i,f applying the loan will be given for the purchase of a site. In -cespect of Loan for the -c;,urpose of a flat in a co-<iperative housing society or from a Govt. or Semi Govt. housing org:~ni3ation th~ ch~ue in respect: of Loan will be given in the name of gaid Housing Soci~ty 0c Govt. or Semi Govt . organisation as the ,:as"' may be. J?AXMl!NT OF DARGAB KHWAJA SAHEB CCNI'RIBUTICN & INTER.EST: Jc i) The whol."l of OKS Contribution and In;;;-e~thereon shall
(a)
(b) be paybale immediately. On tha death of a Member. On retirement of a cov9red member from sP.rvice at i'lnY time after attainment of 58 years of age provided that a covered m':!itlber who has not attained age of 58 years at t he time of termination of his service shall also be entitled to withdraw the full amount standing to his credit in the Fund .
(c) On retirement of a m~ber on account of pet:manent lilld total incapacity for further employment due to bodily or m':!ntal infirmity and on production of Medical Certificate from a Medical Practitioner provided that a member suffering from tuberculosis of lungs or leprosy or cancer even if contracted after leaving the service of I?KS on ground of illn~ss but before payment has b~en · authorised shall be deemed to have been permanently and totally incapacitated for work.
(d) On an Indian National leaving ·the servic~ of the D. K. S. for t he purpos<! of. migration permanently abr~d provided that proof on such migrations is furnished to the satisf~ction of th~ O.K.S •• ( e) On a membet· ceasing to be ~loyed by the · OKS by reason only of reduction or reorganisation of the st:.aff and not due to any f,au l t of such member.
( f) On retirem'o'!nt of "1n uncovered member from service at any time after the attainm~nt of 60_years of age. lS. MEMBER'S & ~ mwAJA SAHEB COOTRIBUTIOO WHEN PAYABLE: A members Contribution and Int~rest shall be payable t:.0 the memb~r on ceasing to be a member of the Fun<'i. If any msmber leav~s the service before completion of 3 years of membershii;> of the Fund, he will be <lntitl~ te> his ~ shar~ alongwi.th Interest accured. That 11fter three years membership he will Contd ••••• • 6 ---·-.. - ·--- ( 6 ) be entitled to both his share and OKS share alongw accured. That if a mecrber caus9s financial loss misconduct, fraud, Gross negligence or other conduct of lik9 nature and is dismissed frem the service of OKS or is permitted to leave the service of OKS as a conseqllence of such mis-conduct, fraud, Gross negligence or other like conduct the ~unt of such financial loss sustained 'r7{ the OKS shall be deducted 'a{ the trust8"!s from th<? DKS Contribution out of the amount due to the member and be paid to OKS. R:HmATICN:
(a) Each member may make a nomination conferring on one or ,. more persons the right to receive the amount that may stand to his credit in the Fund i n the event of his death before that amount becomes payable or having becomes payable has not been paid. Such a nomination shall be made in the prescribed form.
(b) If a ltlE!Tlber nominates more than one person under(a) above he shall in his nomination specify the amount of share payable to each of the nominee in such manner a~ to cover. the whole o f the amount that may stand to his credit in the Fund.
(c) Where a momber h~s a family at the time of making a nomination such nomination sh<:111 be in favour of one or more persons belonging to his family. Any nomination made by a member in favour of a r;>erson not belonging to his family shall be invalid .
(d) If at the time ot making a nominati~n the . members have no family the nomination may be in favour of any person or persons but if the employee subsequently acquires a family such nt:)lnination shall forthwith bg deemed to be invalid and the member may be allawed to make a fresh nomination in favour of on9 or more persons belonging to his family.
(e) A nominaion made by a member may at any time be modifide by him after giving a written notice to t he trustees of his intension of doing so in the prescribed form. If the nominee pr3-deceases the member the Interest of the nominee shall revert to the member who may there upon makg 3 fresh nomination in respect of such Interest.
(f) A nomination or its modification shall take effect to the extent that is valid on the date on which it is received by the Trustees.
(g) On the death of a member who shall have made a nomination the full amount payable to him in accordance with these regulations shall oo paid t9 his nominee irr~spectiv':! o f Contd •• • •••• 7 ( 7 ) the period for which the member may have ~yment shall be good discharge to the all claims whatsoev9'r in respect of the any one who so are claiming through the said member or .... otherwise. If the nominee is minor, the member shall at the tiffl'i of nomination state the ;ige of the nominee 'Uld shall also appoint in writing a person of full age to whom the amo11nt standing at mt:tmbers credit is to be pa.id on behalf of the minor nominee in the event of the member dying ~fore th~ minor n,:,minee attains the age of majority . If any per~on so appointed predeceases the member before the minor nominee att"lins tile age of majority , the member shall forthwith simil~rly a~point another person o! full age to receive the 11mount on behalf of the minor nominee ;ind from time to tim<?. forthwith make a freish appoi ntment when this is necessiate<i by the death of the person ai:,pointed to receive paymi;,nt on behalf of the nominee. The nomination made as ;iforesaid sh;ill be and renain in full force and effect until the nominee's death or until the nomin~'s death or until his nomination or aopoint --fflent has been revoked as herein mentioned. · On the de.'.11:h of a member not suryived by a nominee, the full amount due to the member · according ·to th'!S'!t regulation shall be oaid tc,___his executors or administrat~r or at th'! <'tbsolute descret ion of the TrustfMs the amount or any part or parts. there of may ~ paid to the widow, Child or children of his, her or their guardian or. custodians or other ne~r relatives or relatives of a deceased member or any other person appearing to them to be the ~roper. patties receive the amount without any repres'!ntat:ion to the estate of such deceased !Mfflber of any succession Certificate being obtained and in ~1ch pro;,ertion ,'ls th-e Trustees may think fit irresi;>ective of th<! period for "'!11'.::h the member m'ly have served and such ?l'ytnent shall be- good discharge of the Trustee against; all claims whatsoever in respect of the said fund by any one whom so ever claiming through the sai~ deceased member or otherwise. If a member l'3ave the employment of th~ OKS liS mentionf!d above the accumulat'9d balance due to him nhall be payable to him or the person entitled to the same within one month from the dey he ceases to be an employee Payment wi 11 be IIBde upon the claim of the ?erson entitled to ·i;>ayment ann Contd •••••••• 8 ( 8 ) shal l include Intt:trest upto the last date · preceeding th~ month in which the claim is authorised as 9er rules .
(ii) WhP.n the a~unt st~nding to th~ cre<iit of l'l meni:>er or the
(iii) part th"!re of due to him in accordance with th'!se Rule3, becomes payable it shall be the duty of the Trustees to make prompt payment as herein provided. The Trustee '3hall give notice in writing to the p43rson to whom the amount is ~yable speci!ing the amount. If any 90rt ion of the amount which has become payable is in di~pute or doubt, the Truste':t shall ma~e pron;,t payment of that portion of the amount in reg.11rd to which there is no dispute or doubt , the b~lance being adjusted as soon as it may possible. (A) FORFI&'IURES: Such amount of the DKS's contribution standing to the Credit of a ment>er's account who is not entitled to claim it under any of the foregoing rules and the proportionate interest atributable thereto, .shall be forfeited to the Fund and shall be credited to the "LAPS & ~FEITURE A.CCOUNT" • ( i) TRUSTEES NCII' LIJ\BL'E: Notwithstanding anything contai.ned in the 'Rules neither the Trustees nor the Fund shall be liable in the event of any i::>t.?rY.>n in :Pursu~nce of a nomination mai,e by a member. even though by virtue of the provisions of any of the Rules such nomin,~tions was or has become invalid provided that the Trustees in making .such pa'fl™!nt acted in good faith "lnd without any knowl,;tdge of the defect in the nominr.ttion.
(ii) 'l'RANSFER,ASSIGNMENT OP' ATTJ\CHMl!Nl' OP' 'fflE CCNl'RIBUTIOO OP MEMBER: 'Itle amount standing to the credit of any_ member of the fund shall not in any way be capable of b9ing a.ssigned or charged and shr.tll not be liable to attachrnoot under any decree or order of . any Court in resoect of any dobt or liability incurred by such ~r and n,sither the offici~l 1'Ssignee appointed ~nder the Presidency- Towns Insolvancy A.ct 1909 ( III of 1909) nor any Receiv~r appoint'ld under Provincial Insolv'fflcy ~ct,1920 (V of 1920) shall be entitl':!d to or have any claim on any such amount. (B) l\ny amount standing to the credit of "' member who is a cover""ed employee in the Fund "lt th9 time of his death .and payabl9 to hi~ nominee under · these Rules, Subject to ~ny deduction -''.Jthoris~"t by these Rul,as , vest in the nominee Cc:Jn.td ••••••••• 9 (C) and shall be the dec~sed member . · i,fll'?(~ .~a·~ , , .~ ~ ,1-1."!/' .. 'I; .. ,,; _-.: , 11'1' ..,~
(9) ;:1 ~ !\ . ,.,..., /' . '·~ .,,;~ free from any dP.bt or liabili~ i,p -·· • by the nominP.e befor~ the dea~ ~h LAPSE & ~IB'l"UP.B ACCOUNT: All lapse and forefeiture accounting at any time shall be tranf<!trred to a separate account to be call,g,1 "The Laos and ~orefietur,;t Z>.ccount" an<"l sh~ll with the prior approval of the Regional Provident ~und Corrrnissioner b~ used .,,,nd apolied by the ·rrustees to m~t any loss or d<.!preciat ion of or in the investment for the time being representing the Provident Fund of the o.K.S. and subject thereto for the benefit of all oc ,'11\y of the m'i!'nbers or ,: any such person collectively in such manner under such circumstances and to such extent as the Trustees may in their absolute discretion think. fit . Any profit arii,ing on any of the s<lid investment shall be transferred to "THE LAPSE AND FORF.:FIETURE ACCOUNT". Any benefit received by the tMmbers individually from the Lapse and Forefeiture account will however be liable to tax . (D) ADVAICES IN ABNOOMAL CCNDITIOOS:
( i) '11'te Trustees may, on Nl application from a memb-er whose property ,movable or ·immoveable, has been damaged by a claimity of exceptional nature, such as floods, to him Earthquakes or Riots, from the Provident authorise pay:nent Fund Account a non- refundable advance of Rupees Five Hundred or fifty parc':!l'lt of his own total contribut i ons including interest thereon standing to his credit on the date of such authorisation, whichever is le.'c'ls to meet i\ny unforeseen exo~nciiture . ' No advance under sub-para ( i) sh11ll be i;>aid unless:
(i) The St:ite Government has decl<1red that the calamity ha~ affected the g4ner"'l public in the ar~, and
(ii) '11'te member produce a cert ific"lte from · .an a!)Propriate authority to th-e effect that his i:>roperty (Moveable or inrnovecibt~) has .been dNnaged ns a re'!ult of the eal"lfflit:y .
(iii) The ap?lication for adva.1'\ces is made within a ~riod of four months from th9 date of d9Cli!lration referr"!td to in Sub-para (i). (E) PCMER 'ro SELL Sf:!CORITIES & RAISE A LOAN THERI!DF: The trustees shall from time to time pay to the persons entitled there to such sums as may b'! payable under th~· provisions of these Rules and shall if neces~ary rai1'e the moneys reqt.tired for the same by a sall;) of 'th~ securities h'!ld by the Tt'ustees or 9'l Contd •••••••••• 10
(23). ( 10 } a sufficient part or by a Loan on the same. 'm.USTEES:
( i) The Ft:.nd shall be vested in the Trsutees under a Trust which shall not be revocable save with the consent of all the Member s.
(ii) The following will be Trustees: {a) President £ Vice-President of Dargah Conmittee as nominated.by the Government from time to time.
(b) Nazim of O:!srgah Khwaja Saheb.
(c) Cne Assistant Nazim of OKS ~ nominatoo by Dargah Corrrnittee.
(d) Accounts Officer or !ncharge of ~ccounts of D.K.S.
( e) Two member:s of Employees as nominated t7'{ Dargah Corrmittee. DIS:2UALIFICATICNS OF TRUSTEESHIP: A. person shall be disqualified for nominated as a trustee:
(a) If he is declared . to be unsound mind by a competent Court or
(b) If he is an undischargoo insolvent .
(c) If before or after the commencement 1>f the Fund he ha3 been convicted of an offence involving moral tu-cpitude. MEBTilC OF TRUSTEES: The TrUstees shall meet a~ such place a."ld time as may be aoi;,ointed by the Chairman . The Pr¥ident of ~rgah Committee will be the Chairman of TrUst . Q{X)RUM: No business shall be transacted at 11 m"!'!ting unless atleast four' Truste"ts r.ire pres'!:!nt of whom one shall be a Member Trustee. DISPOSAL OF BUSINESS: E:very question considerP-d at a meeting of the TrUstees shall be decided by a Maiority of the votes of the· ·rrusteo present and voting. In the evont of an equality of votes the Cha~tmaA shall have a casting vote . However where a resolution is passoo by a casting vote, such matter shall be reported ~nd refer.red for Final Decision to Dargah Managing Committee whose decision on the issue shall be final and binding. CESSATICN AND RFSl'ORATICN OF TRCJS'I.'EFSIIP: If a Trustee fails to attend three ~secutiye meeting of the Trustees, without obtaining le3Ve of absence from the Chairman, he shall ceases to be a 'l'rUst-e-e provided that the OKS may restore him to Contd • •••••••• •• 11
(25) ( 11 ) hi if it i satisfied Tr1.1ste~s !'> s reasonable grounds for the absenc~. IU!MJVAL FRa4 'l'RUS'.l'lmSRIP: The D. K.S. may remove f1:om office any tru~tl'?.e if in its oi;>inion ... s1Jch trustP.es has ceased to repr~s~nt the interest which he 9t1rports to re?r~3ent provided that no such Trustee shall be 1:emoved unle::ss a reasonable o?PC)rtunity is given to such Trustee and the body whom he represents of ma~ing any representation against the proposed action. ABSEtCR FRCN INDIA: Before a 't'rustae leaves Il'.\cUa:
( a ) Ho sh~ll intiltl,'ite to the Ch~it'!Mn of Tru1tees of the dates of his departure from and expected rqturn to India: or
(b) If he intends to absent him.qelf for a ~dod longer than six months, he shall tendP.r hiR resignation . If any Trustee le,,Jives India for a period of six months or more without intimation to the Chiiirman, he sh':ll l oo deemed to have resigned from Trust eeshi?. oortCE (R MEETING AND LIS'IDJ:1' eusnmss: Notice of not less than 15 days from the dat"? of ~st i ng containing the date , time and place of every meeting of Trustees, tog.ether with a list of busines s to bP. conduct~ at the meeting shall be des1»tched by Register~ post or by special messanger in each Trustee present in India, provided that when tho Chairman calls a meeting for considering any matter which in his opinion is urg<ent, a notice giving such t:'easonable time as he may consider necessary shall be deemed suffici ent .
(26) CRAIR"1AN TO. PRESIDR AT MEETING: The Chairman of the Trustees shall ~reside at ~very meeting of Trustees . If the Chait:'man is ab.<:Jeot at i'.lny time, the Trustees present sh<'lll elect one of the it: mlffl!bers to preside over th<?. meeting and the Trustees so elect ed shall exercisP. all t he i:;,owers of the Chairman a t t he meeting.
( 27 ) MIMltl.'rlS OP MEl!fflNGi The minut'!'!s of a meeting of t h e Trustees !'lhowinq i ntera l Vs the names of the Trustees present tht?t:'e shal l b~ circulated to all the Trustees pr esent i.n !ndia not l<'lter than one month from the d;ita of the m~eting . 'n\e minutes shall there-after be recorded in a minute book a ~ a . permanent t:>ecord. Provided that if another ~eting is held within ,:i period of one month and ten days, t he minut-es shall bo. circul;:ltoo 30 as to re~ch t he trustees atleast Contd • •• • · •••• •• •• 12
(28) { 12) t'llll cars before such meeting. 1'1e record~ of ..:ta ..-ing sti.:tll be signed O'f the c:,-,~-,.._ .,,.---oonftrwatton vith such modifications, if <XlllSldKwl necessary at the next meeting. ,er - Ii M"'S£: Mo ~ :- pcooe«Ung of a meeting of tru~tees sh"lll daaaa!Ea.! ... Invalid by rea,'3on merely of ;my Vl\Can,::y, . ~· ~,:,;;.~ 'l'- a:llf , t:be constitution of the Board of Trugtees. or way of substitution for all the the Trustees at conmen law by Tcu~tees shrill be liable for the act, s or defaults of any other 'l'rustee, or receipt or other act of for confirmity pt, loss or expense, hacoeninq to the Fund Jnsufficiency or deficiency of title to any for or on b'?half of thH Fund or for the any security in or upon which any of the 'P- Fund sha;l.l be invested or for any loss, or from the insolvency or fortuitous act of vith wh">m any moneys, securities or effects for any loss occasioned by an error for any other loss, dallll!lge shall hrlppen in relation to the duties as Trus·tee or in relation thereto, same shall hrlpt>en through his own c'Jefault or ct. with the consent of the OKS and with the Coomittee, ~jmer !MY from time repeal, vary or later these rules and frame rules and regulation~ with ref.ec-ence to the and management of the Fund as th9 Trust'!"!S may time think fit.~ cc,py of all such additions, ions and repeals shall imrrtediately after · th~ .,;,_~ion thereof be .'3ent to every !Mmber. 'WAI S TO ACCEPT KNEY P'RQt "l"'ROSTBES OF OTHER PROVIDe:Nr ~ Qi a aerrber ioininq th'! Fund following upcn his employment ~ ~ o.K.S. consequ~t uoon his leaving O.K. S. which b IDl'lintains a provident fund rocognis~ uncier Ch'lpterIX .1\ of the [ntiian Inc<:)IM 'l'i\X l\<:t, l9t$1 th'! TrustM3 shall ~ an :1ccount in his name and credit se0'\r.:1t~ly in his nam~ ~na credit s~rat~ly in su~h i\ccount the v~rious arrounts nlCeiveri fran the Trust~~s of such provi dent fund in respect of ~r's contribution, "!IT19loyer's contribution, int~rest on the memb~rs contribution anti.
(35) ( 13 ) hoB such aJIIOUftt N'ld deal N!!IPE!Ct"J in i\ccordance with the Rules FUnd and ~uch m,eirbM' shall on the sair.1 l!fflOunts except in a-:cordancP- with es and · Regu.tation<J of this Fund. SUch ~rs shall contributing from the date of joining service -'ind service with ~ e-&-gaplover shall be as membership for purpose of Rule 12. This Rule ~ly only in cases v!'aere a per90n is <?.mplov~ by .s. i.n one of its cover4d est:abl~~~. OF TRE TRUSTEES SHALL M PDML: of! the "trust.as sha11 be final and uoon members in all resoecta and U9()n all matt9r~, dispute relating to oc oonnected with thes~ with the Fund oc ~ ~lnistration th~r~f of the llll!lllbers including all of di ff.ereneet 'Mbldl -,., arise between "!ny or his ex'9C\ltors, aclidni.atrators, nominee or tati ve aria the Trustees as to ffl'!eting or eff~ct regulations to any matter arising out of the same. The Accounts of the P..11111 !'!hall be kept at the office at Ajmer :1nci "iM!l b\t llllde u9 yearly to the 31st in each year. The .l\ccount~ of the Tr:ust: shall bo aurJited every y"!ar by the Chartered ·A~ts. The Certificate of the Auditors shall M final and binding uoon the m~rs. Th"! D.K.S. will pl'lY all ...udttor.1 f~ "!Ind other co~ts chargei'I anr! expense/3 incurred by the Trustees frr.,m t -tme to ti.me in the administration of th~ Ful'ld. All oth~r exo.\Se3 "lhatso ~er the natur. al!IF-be born by o.r< .s. DISPUTP.S: Any dbpute or dl.ff.-.nce which may ari:::JP. betw~ any rnemb4!r or hi.a eEec:utors, "dministrators, nominee or ·r'!PresMt.itiv'!t "ndt:~ 'T'nu.lt~!'S, oc between any membgrs or his ex'!!CUtOC3, adminigtr~tors, nomin<!!e or r,epresfl!ntative and the Trust~s, or betw~ any member or his executors, adlllntstrators nominee or represent~tive and the D.K.S. as to the ffio!!aning or eff"!Ct of any Rule, or as to any aatter- rel~ting to or arising out of the same, shall be referred to the Dargah Conmitt<!!e, Aimer whose decision ahall b! final. CLOSURE OP 'fflB flJIID: The D.lt.S. ahall have the riqht to close the F'und . The Fund :iih!lll thereupon be rei\lis~ and th~ 'l'rust<;?~s sha 11 th«eupon '11!' to er1ch memb~t', I\Ccumu lat~ M l,1nce due to hil'II ~ to these Rules. A.ey surolus shall Ccntc:J •••••••••••••• 14 ( 14) remain in the handls of the Tr.ustees r.lnd distribute s•Jch surplus oropertionately of the members in the f~llowing manner: {a) The Trustees shall h-!nd over to th·~ m~mbers their ·~ share in the Surr;>.lu!! and
(b) The 1'rustees shall deduct tax iiu9, if ;,iny, from any payments TMde under this RulP. and credit it to th9 G:)vernment Account .
1.
2 .
5. The Reguli'ltions shall come into force from Ist July, 1991 and sl'lall be deemed to be regulation o f the Fund in s•.lperse~':lion of all Rules previously in Force. ************************************.*********************