SEAMEN'S PROVIDENT FUND SCHEME 1966 --- I SEAMEN'S PROVIDENT FUND scHEME, 1966 INDEX Sr.No. Chapters and Title of Paras . Para No. P. No.
CHAPTER I PRELIMINARY
1.
2. Short title, application & Commencement Definitions 1 2 1 1-2 J.
4.
5.
6.
7. B.
9.
10.
11 .
12.
13.
14.
15.
16.
CHAPTER .II Terms of Office of Chairman and Trustees of the Board Resignation Cessation and restoration of Trusteeship Disqualifi cations for Trusteeship Removal from Trusteeship Absence from lndia Ofiice of the Board. Meetings Notice of meeting and list of business Chairman to preside at meetings Quorum Disposal of business Minutes of Meetings Fees and Allowances 3 2-3 43 53 63 73 B 3-4 94 104 11 4 124 13 4-5 145 15 5 16 s-6
CHAPTER lII POWERS OF COMMISSIONER AND OTHER STAFF OF BOARD OF TRUSTEES
17.
18.
19.
20.
21 .
22. Provident Fund Commissioner Secretary to the Board lnformation of appointmentto the Board Staff Administrative and Financial Powers of the Commissioner. Delegation of Powerbythe Board 177 18 7 19 7 207 21 7-8 228 Sr.No. Chapters and Tifle of paras
CHAPTER IV MEMBERSHIP OF FUND
23. Membership
24. Retention of Membership
25. Resolution of doubts
CHAPTER V-CONTRIBUTIONS Contributions Payment of Contribution Employer's share not to be deducted from the members Recovery of a member's share of contribution
CHAPTER VI DECLARATION AND RETURNS
26.
27.
28.
29. Para No. P. No. 23 24 25 B o o 269 279 28 10 29 10
30. Declaration by seamen alreadyemployed at the time of Establishments of the Fund. Declaration by seamen taking up employment afterthe Fund has been established Duties of Employers Employers to fumish particulars of ownership Allotment of account numbers Mode and periodicity of payment of Contribution Statement as to deductions to be furnished to the Shipping Masterand the Commissioner Fixation of Administrative Charges Production of records for inspection by the Commissioner or lnspector Supplyof forms to employers Current Account Administration Accounts Provident Fund Account. I nterest Suspense Account '10
31.
32.
33.
34.
35. JCr-
37.
38.
39.
40. 31 10-11 32 11 33 11 34 't1 35 11-12 36 12 37 12 38 12-13 39 '13 40 13 41 13 42 13 43 13
CHAPTER VII ADMTNISTRATION OF THE FUND, ACCOUNTS AND AUDIT.
41.
42.
43. 2 Sr.No. Chapters and Title of Paras
44. lnvestmentof monies belonging to Seamen's Provident Fund
45. Disposalof the Fund
46. Expensesofadministration
47. Forms of Accounts.
48. Audit
49. Budget
50. Membe/sAccount
51. lnterest Para No. P. No. 44 13-14 45 14'46 14 47 14 48 14 49 14-15 50 15 51 15-16 52 16 53 16-17 54 17 55 17-18 56 18 57 18 58 18 58A 19 58B 19
CHAPTER VIII NOMINATTONS, PAYMENTS AND WTHDRAWALS FROM THE FUND
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63. Nomination Financing of Members'Life lnsurance Policies Conversion of Policy into a paid up one and payment of late fee etc. Assignment of Policies to the Fund Bonus on Policy to be adjusted against payments made from the Fund. Reassignment of policies Recoveryof amounts paid toward s lnsurance Policies Withdrawal from the Fund due to unemployment Withdrawal from the Fund for illness in Certain cases. Withdrawal from the Fund for the purchase of a dwelling house or fl at orfor the construction of a dwelling house including the acquisition of a suitable site forthe purpose. Mode of payment of non-refundable withdrawals Non-refundable withd rawa I for meeting the expenses in connection with the maniage of member of family of seaman, or higher education of children. Circumstances in which accumulations in the Fund are payable to a member. Accumulations of a deceased memberto whom
64.
65. s&c 20-23 sBD 23 sBE 24 59 24-26 Sr.No. Chapters and Title of Paras Para No. P. No. 60 26-27 61 27 62 27-28 63 28 ob.
67.
68. payable. Deduction from the Accou nt of member dismissed for serious and willful misconduct Payment of Provident Fund Annual Statement of member,s account
69.
70.
71.
72.
73.
74.
75.
76.
CHAPTER IX MISCELLANEOUS Annual Report on the working of the Scheme lssue of copies of Member's Accounts, Annual Reports etc. Punishment forfailure to pay contributions etc. Conduct of business of Board Powerto issue directions Declaration Nomination Form 1 (Annexure l) Return of Ownership to be sent to the Commissioner Form ll (Annexure ll) Classifi ed Summary of the Assets of the Seamen's Provident Fund forthe yearending 31st March. Form lll (Annexure lll) Wriften Notice of memberto the Seamen,s Provident Fund Commissioner for Modification of Nomination or other contents of Form I (Annexure lV) 64 65 66 67 6B 29 29 29 29 30
77. 4 (pUBLISHED rN PART II, SECTION 3, SUB-SECTION (l) OF THE GAZETTE OF INDIA) GOVERNMENTOF INDIA MINISTRY OF TRANSPORT AND AVIATION DEPARTMENT OF TRANSPORT,. SHIPPING AND TOURISM (TRANSPORT WING) **t**++**+*+*** MERCHANT SHIPPING (NOTIFICATION) New Delhi, Dated 27th JulY, 1966. G.S.R.1206 In exercise of the powers conferred by Section 3 of the Seamen s Provident Fund Ac! 1966 (4 of 1966), the Central Government hereby frames the following Scheme Itobe called the Seamen's Provident Fund Scheme, namely: - CHAPTERI PRELIMINARY
1. Shorttitle.apolicationandcommencement:- ( I ) This Scheme may be called the Seamen's Provident Fund Scheme, 1966.
(2) Unless otherwise expressly provided, this scheme shall apply to every seamal and to the employer of such seaman.
(3) This Scheme shall be deemed to have come into force on the 1 st July, 1964.
2. DEFINITIONS:- In this Scheme, unless the context otherwise requires:
(a) 'Act' means the Seamen's Provident Fund Ac! 1966(4of 1966);
(b) 'Board' means the Board ofTrustees of the Seamen's Provident Fund Constituted under Section 5 oftheAct;
(c) 'Children'means legitirnate children and includes legally adopted children;
(d) 'Commissioner' means the Commissioner for Seamen's Provident Fund appointed under sub-Section (i) ofSection 7 oftheAct;
(e) 'family' means, the wife, children whether married or unmarried and dependent parents of the member and the widow and children ofa deceased son ofthe member. ..2-. l 2 PROVIDED rhar if a member proves that his wife has ceased, under thepersonal law goveming him or the customary law of the comrnunity to which ih;**,";belong to be enritled ro maintenance-she shall no i.;g;;; deerned ro b" " ;;.#;h;nrember's. farnily lor the purpose of this Scheme, i"i"aa *r" mernber subseouentrvintimates bv express notice in wriring ro the commirli"r.ilnri ,i" ffi ;#i,.?ff::;regarded; (0 'Financial year, means the year commencing on the first day of April.;
(g) 'Gove*unent security' shalr have the ,reani'g assigned to it i, the pubric DebtAct, r944(l8of r944);
(h) 'lnspector'means a person appointed as such under section l5 ofthe Act;
(i) 'Medical authoritv' meaas the medical officer appointed by the CenhalGovemment for thl.purposes of sru+""tionJij orsection 9g of the MerchantShippingAct, t958(44oft958). ---""" r-r -' C) 'Seamen s pmployment O-ffice,means theofifice set up under Section l2 oftheMerchant Shipping Ac! I 958 (44 "aitsQ;'^'-' ""
(k) 'Shipping Master' shall have the meaning assigned to it in clause (46) ofSection3oftheMerchantShippinge"i isiafi?if Isstf; -- ----vy \ .vi, vr 0) 'Trustee'means a memberofthe Board ofTrustees; and
(m) all other words and.expressions used and not defined irr this Scheme butdefined in the Act shall have the m"_ir;;;.p";;ely assigned to them in rheAct.
CHAPTER II. Q) -!- (tI Tbrms ofOffice of Chairman and Trustees ofthe Board: Ihe lhgliftan of-.the8odfdi:aiiir:'.v€iy trustee of the Board referred to in Sub-section(3) of Section 5 of the a"t *r,aritnfi "iliJi*irg.tf," pi*u*frfGovifihienti; The term ofoffice ofthe trustees ofthe Board rcferred to in clauses (c) and (d) ofthesub-Section (3) of Section 5 of thel"l :hi, ;;-q;; y;; ;;*"r"ing flom the dareon which theirappointment is notifiea in *re Ofrcl'i a;*" PROVIDED that any such trustee shall notwithstanding the expiry ofthe said period of five years, continu" tL rrotJom"" In,iiil" uppoin*ent of his successoris notified in the Official Gazetre;
(3) Any trustee referred to in sub-p-aragraph (2) appointed to filr a casual vacancy shalrhold office for the remainder of th;;il ;i;fffi;ile trusree in whose place he isappointed.
(4) An outgoing trustee shall be eligible forre-appointment. ..3..
4.
(l )
(2) 3 Resignation: A trustee may resign his office by a letter addressed to the Chairman, who shall forward the letter ofresignation to the Central government within seven days from the date ofreceipt ofthe resignation; The office of the trustee, shall fall vacant fiom the date on which his resignation is accepted in by the Central Govemment or on the expiry of thirty days from the date of receipt of the letter of resignation by the Central Goverrurent, whichever is earlier.
5. Cessation and restoration ofTrusteeship: Ifa trustee fails to aftend three consecutive meetings ofthe Board, without obtaining leaveofabsence fiom the Chairman ofthe Board, he shall cease to be a trustee. PROVIDED that the Govemment may restore him to trusteeship if it is satisfied that there were reasonable grounds for his absence.
6. DisqualificationsforTrusteeship:
(l) A personshall be disqualified forbeing appointed as, orforbeinga trustee; (0 Ifhe is declared to be ofunsound mind by a competent court; or
(ir) lfheis an undischarged insolvent; or
(iii) If before or after the mmmencement of the Act he has been convicted of an offence involving moral turpinrde.
(z)
7. ), it Removal from Trusteeship: PROVIDED that no such trustee shall be removed unless a reasonable opportunity is given to him and the body whom he represents, or making any representation against the proposed action.
8. Absence from India:
( 1) Before anon-ofiicial trustee leaves India
(a) he shall intimate to the Chairman of the Board the dates of his departure from and expected retum to India or;
(b) if he intends to absent himself for a period ionger than six months, he shall tender hisresignation. -.4.- 4
(2) Ifany trustee leaves India. for a period of Six months or more without intir.,ation tothe Chairman ofthe Board he shall be deemed to have resigned from tf," g;r;d..'^. *
9. Office ofthe Board: The Head Oftice of the .Board shall be in Bombay or at such other place as theGovemment may, by notification_in tn" om"iri'C-r!"I"-rrr""ifr. The Board may openregional and otheroffices at such ptr""., u. ;t *uy a1H n"t."t
10. Meetings: ( I ) The Board ofrrustees shall subject to the provisions ofparagraph r 1, meet at suchplaceand timeas maybenotified byth"C#;;""" "
(2) The.Chairman, may, whenever he thinks fit, and shall within fifleen davs of therecei pt o f req u i s i tion i n wri ri ng ro* noi r "rl ;;-" ;;;_,il;;.f t;ffi il, ".:il,;meeting thereof.
11. Notice of meeting gnd list of business: Notice ofnot less than l5 davs from the dateofposting, containing the date, time andplace ofevery ordinary meeingtogetherwith a ristoiil*inir ro u"conducted at themeeting shall be despatched-by;t.,";;;;;0, l,ili", messenger to eachtrustee, present in India; PROVIDED that when the Chairman calls a meeting for consideringany matter which in his opinion i: *c*j, " l-;i;;;;; ;# ."rronabre rime as henray consider necessary, shall be deemed sufficieni
12. Chairman to oreside at meetings: The Chairman ofthe Boardshall preside at every meeting ofthe Board, at which heis present. Ifthe Chairman i. ub.;ni;'t-u;;*"iirl?r""", present sha, elect oneof them to preside over the,meetirg und tfi;'ffi; ,o erected sha, exercise, alr thepowers of the Chairman at the me",Ir;. - - ' I3. Ouorum:
(l) No business shalr be transacted at a meeting of the Board unress at reast fourtrustees are present, ofwhom, at le".t "r".frifii" t"m among thoseappointed :i3il:,"":::j:lliffi;m:m*#;'t'h"o"seappointed-il;;;fi;i;;
(2) If at any meetins the number of rustees is less than the required quorum, theChairman sha, a'tioum rhe meetin;i;;il;il er than seven days from the #",oo!nff["[#""ting i'ro*inf ,i"i*ii[i'"roe date, time and prace ii business ,, ,r"n "o'llf-Td it shall thereupon b" l"*tuil;-;;;;"";il;; present. uoumed meeting irrespective of the numbeiof *",;; ..5.. 5
14. Disposalofbusiness: Every question considered at a meeting ofthe Board shall be decided by a majority ofthe votes ofthe trustees present and voting. In the event ofan equality ofvotes the Chairman shall exercisea casting vote. PROVIDED that the Chairman may, if he thinks fii, direct that any question shalI be decided by the circulation ofnecessary papers to trustees present in India and by securing their opinions in writing. Any such question shall be decided in accordance with the opinion of the majority of trustees received within the time limit allowed and if the opinions are equally divided, the opinion of the chairman shall prevail - PROVIDED fruther that any trustee may request that the question referred to trustees, for written opinion be considered at a meeting ofthe Board and thereupon the chairman may, and if the request is made by not less than three trustees shall direct that it be so considered.
15. Minutes of Meetings.
(l) The minutes of a meeting of the Board showing interalia tlle names of the trustees present there at shall be iirculated to all trustees present in India not later than one month from the date of the meeting. The minutes shall thereafter be recorded in a minutebook as a Permanent record. PROVIDED that il another fireeting is held within a period of one month and ten days, the minutes shall be circulated so as to leach the trustees at least ten days before such meeting.
(2) The records of the minutes of each meeting shall be signed by the chairman after confirmationwithsuchmodificationsifany,asmaybeconsiderednecessaryatthe next meeting.
16. Fees and Allowances :
(l) The travelling allowance of an official trustes shall be govemed by the rules applicabletohimforjoumeysperformedonofficialdutiesandshallbepaid bv.trreautlroritvpav'nghissala'y.If'however,thejourneyisperformedsolely oi mainly in corurection with the affairs of the Boar4 ihe whole expenditure on the travelling allowance of the offrcial trustee,which is initially bome by the authority payinghis salary shall be recovered from ihe Board'
(2)Everynon.offrcialtrusteeshallbepaidhavellirrgallowancefor^attendingthe meeings of the Board at such rates as are admissibleto Grade Ioffrcers of the Govemment and daily allowance calculated at the maximum rates admissible to Grade I Offrcers ofthe Govemment in the respective localities PROVIDED that, where such trustee :- ..6.. 6
(i) arrives at the place of,the meeting in the aftemoon of the day irnmediately preceding the day of the rneeting or leaves the place of the meetine in thl forenoon of rhe day.irnmediately succeeding the day.ith;,;;;ir;,;;:h;1il; entitled to one-half of the daily allowarice for such d"y";i;;;;;i;;; departure.
(ii) arrives. at the place of.the meeting in the forenoon of the day immediatervprecedirrg the day o.f the meeting-or teaves the place "*;ffi;f.;;:aftemoon ofthe day immediarely s"ucceeainrg the aay oftn" *""ti.gt "in"ll i."entitled to fu[ dairy aHowance for suctr days"oiarrivar una a"pa.t iE ;'- -"-" "'
(iii) arrives.at and departs.from the prace ofthe rneeting on the same day, he shall beentitled to full daily allowance ior the day ofthe meeting.
(3) where such trustee being, a member of the state Legislature attends a meeting of theBoard, he shall be entitled.
(i) When the State Legisla.ture is not in session, to such travelling and dailyallowances as areadmissible to Graa" iOff,""r. "f tfr" S,r,; C;;;;;;;;i
(ii) When the Stare trgislatu{e is in session, to such travelling and dailvallowances, as are admissible to rhe 'n",,l".Joi,f,u, l;g,ril; i;;"ffi;meetings of the [,egislature.
(4) Where such trustee being a member of either House of parliament attends a ineetinsof the Board' he sha, be entitr"a to ,r"t t ur"irin'g-ii ariry .uowances. as mav bIadmi ssibte ro trim under the rur es hiJ J;*;;';; ;;C.-r'.,; ;;r-;#;, ,ilrd: subject from time to time.
(5) Where such trustee is neitlrer a member of the State Legisrature nor of either Houseof parriament and he resides.at th" pr""";i;;""fi;;;ting of the Board is herd andhe attends such meeting he sh-all be "r,f rf.a."fV i. ,n" ictual amount ofconveyancehire subjecr to a maximim ofRs.l0/_ n",jur."- '" "''" EXPLANATION I: No dailv or travelling a owance in respecr of any day orjoumey, asthe case mav be' shall becraimed-u'n-f,eiilt;;;;firv a trustee ifhehasdrawn orwill draw allowance for the same norn iri. "]n,il",Legisrature * "r uov co,n*itt;; ;ft;.i#XJ fl.iffi o" #Tli.*"I TIGovemmenr and no travering dro;; ;"rffJ""r"i,r"a if he uses u,n"un, o-ftransport provided at the- expens" ;a-'c;r;;;rrent or his employer. EXPLANATION II: Where thejo-umey is performed by road between places connectedbv railwav, road mileage sfrar u" prii "rrv'ii-;;'dr"" certifies that the joumeywas undertaken bv road ro. avoict l;rr;fi;;';;;;?h"rourn", by railway would ,X';:;""0 uni th" dirt*"" t "r"rii"e-d"", ,;i "r"""a 120 Km. in a single ..7.. ) ! 7
CHAPTER ITI l?. Provident Fund Commissioner:
(l) The cornrnissioner shall not undertake any work unconnected with his office without the previous sanction ofthe Covemment.
(2) The commissioner may at any time for reasons to be recorded in writing and a{irrr he is given an opportunity ofbeingheard be removed by the Govemment.
(3) The commissioner shall receive such salary and allowance and shall be subject to such conditions ofservice as may be specified in this behatf from time to time by the Govemment.
(4) The commissioner while attending the meetings of a Board may take part in its deliberations but shall notbe entitled to vote.
18. Secretary to the Board :
(1) The
(2)
19. The Secretary to the Board shall, in consultation with the Chairman, @nvene meetings oftheBoard, keep a record ofits minutes and shall take ttre necessary steps for carrying out the decisions of the Board. Commissioner is the Secretary to the Boar d-vide Notitication No.5-MT(2)66 dated 6. I 0. 1 966. Information of apoointment to the Board. References relating to all appointments of officers of the Fund made by the Govemment shall be placed before the next meeting of the Board of Trustees for information. ** 20.Staff:
(1) The Commissioner may employ such as the Board may consider ne"o.r.y for,h" efticient adm inistration ofthe Scheme.
(2) Subject to the provisions ofthis paragraph Regulations regarding the method of recruitment, salary and allowance discipline and other conditions of service of members of the staff shall be made by the Board with the approval of the Govemmenl
21. Administrative and Financial Powers of the Commissioner :
(l) The Cornmissioner may, without reference to the Board sanction expenditure on contingencies, supplies and services and purchase of articles required for administering the Fund subject to financial provision in the budget and subject to the +*A.mended by Notification No.GSR.12 dt. 31.12.1999. ..8.. thdBoard. I limits upto which the Commissioner may be authorized to sanction expenditLrr.e on any single item from time to time by the Board with the approval of the Govemment.
(2) The commissioner may also exercise such administrative and financial powers other than those specified in sub-paragraph (I) above, as may be delegatedto him from time to time bythe Board with the approval ofthe Govemment.
(3) The commissioner may delegate from time to time the administrative and financial powers delegated to him by the Board to any officer under his control and superintendence to the extent considered suitabli by hinr for the adn-rinistration of the Scheme with the prior approval of the Govemment. A statement of such delegation shall beplaced before the nextmeeting ofthe Board for information. ).,
(t) Delegation ofpower bv the Board : by a resolution, empower its chairman to sanction expenditure, subject to ff #tL:1"lll;"* CTIAPTER IV MEMBERSIIIP OF F'UND Membership : !1;r.1 sear_r _an emnloyed on articles of agreement on or before the I st day of July, 1964 is entitled and is required to b"*rnJu *.*uo.rtrr" n ra *itt "ffect from thatdate. ..9..
(2)
(3) specified -in the resolution, on contingencie., ,uppii", and purchase of articles required for administering the Fund subject to Financial p.ouirion in the budget, where such expenditure is beyond the limits upto which the Comrnissioner is authorized to sanction expenditure on any single item. The Boar.d may also, by a resolution, empower its Chairman to appoint such officers and employees other than those mentionk in sub-sections ( l ) and (2) ofsection 7 of the Acl as he may consider necessary forthe efficient administration ofthe Scherne. All sanctions ofexpenditure made by the Chairman in pursuance ofsub_paragraph(l) shall be reported to the Board as soon as possibie after the sanction of the expenditure.
23.
(t)
(2) Every seaman who is not a member, and engaged on or after the I st day ofJuly, 1964on articles of agreement for employment"on" a ship is entitled u,ra.i, ."qrii."a iobecome a member witheffect from the date ofsucn "Igug"."nr.
24. Retention of Membership j A mernber of the Fund shall continue to be a member until he withdraws underparagraph 59 the amount standing to his credit in the Fr"d- '* I
25. Resolution ofdoubts : Ifany question arises whether a seaman is entitled orrequired to become or continue as member or as regards the date from which he is so entitled or required to become a member, the question shall be referred to the commissioner and the commissioner shall decide the question. PROVIDED that no decision shall be given unless both the employer and the seaman himselfor ifthe seaman so desires a representative ofthe recognized organisation ofseaman on behalfofthe seamen, have been heard. CHAPTERV. CONTRIBUTIONS. **26.CONTRIBUTIONS:
(l ) The contribution payableby the employer under the Schemeshall be at the rate ofsix percent of the wages payable to each seaman by his employer. The rate of such contribution shall be enhanced to eight percent of the wages ofeach such seaman with effect from the lst April 1968, to l0% of the wages of each such seaman with effect ftom lst January, 1978, and to 12yo of the wages of each such seaman with effect from 22nd September, 1997. (2\ The contribution payable by the Seaman under the scheme shall be equal to the contribution payable by the ernployer in respect ofsuch seaman. PROVIDED that in respect of any seaman to whom the scheme appl'ies, the Commissionermay, ifthe seaman so desire, allow such seamen to contribute an additional amount exceeding compulsory contribution of l0%of wages. This, however, shall not imply any corresponding obligation on the ernployer to inqease this contribution, proportionately.
(3) The conhibution shall be calculated on the basis ofwages payable for each period of service.
(4) Each contribution shall be rounded offto the nearest rupee and, for this purpose, where the amount ofthe contribution consists ofapart ofa rupee, theq ifsuch part is fifty paise or more, it shall be increased to one complete rupee and ifsuch part is less than fiftypaise, it shall be ignored.
27. PaymentofContribution: The ernployer shall, in the first instance pay both the contribution payable by himself (in this Scheme referred to as the employet's contribution) and also on behalfofthe member employed by him, the contribution payable by the member (in this Scheme referred to as the member's contribution). ** Amended by Notification No. GSR No. 12 dated 31.12.1999 ..'t0..
29.
(l) 10 Emoloyerrs share not to be deducted from the members : Notwithstanding any contract to the contrary the employer shall not be entitled to deduct the employer's contribution from the wage of a member or otherwise to recover it from him. Recovery ofa member's share ofconlribution : The amount of a member's mntribution paid by the employer shall, notwithstanding the provision in this Scheme or any law for the tirne beingin force or any contract to the contrary,be recoverable by rneans ofdeduction from ihe wages ofthi member at the time of final settlement of wages in respect of each period of service and not otherwise. PROVIDED that no such deduction may be made from any wage other than that which is.paid in respect ofthe service or part ofthe service in resp-ect of which the contribution is payable. PROVIDED further that where no such deduction has been made on account ofan accidental mistake or a clerical error, such deduction may with the consent in writing of the Inspector be made from the wages of the seaman for subsequent servrc€.
(2) Any-sum deducted by an emproyer from the wage of a seaman under this Scheme shall be deerned to havebeen entrusted to the employer for the purpose ofpryin!tf," contribution in respect ofwhich it was deducted. CHAPTERVI DECLARATION AND RETURNS 30' @ rt the time of E.trblishmerts of th" I Und .-11.. Every seaman who is required or entitled to become a member of the Fund shall be asked forthwith by his employer at the time of the final settlernent of his wages to furnish and shall, on such demand fumish to him for communication to the commissioner, particulars coacerning himself and his nomiaee required for the Declaration Form in Form I. Such employer shall enter the particulars in the Declaration form and obtain the signature-or thumb impression of the person concerned.
31. Declaration bv seamen taking uo emnloyment after the Fund has been established. ^ _",._lllh" tiT" of engaging a seaman on articles of agreement for ernployment on a shrp, the employer shall ascertain from him whether f,e is already a mlm6er ofthe lund and if he is, he shall ask for the Account Nurtolf fott.t to him by the Commissioner. If he is unable to fumish the Account Numter, the employer shall require such seamen to fumish and such seamen shall, on demand, fumish to him for
(l) 11 communication to the Comrnissioneq particulars regarding himself and his nominee required for the Declaration Fonn. Such employer shall enter the particulars in the Declaration Form and obtain the signafure or thumb impression of the seaman concemed. Duties of Employers : Every employer shall send to the Commissioner within fifteen days from the date of final settlernent of wages to seamen, a consolidated retum in such form as the Comrnissioner may speciS, of the seamen in respect of whonr contributinn:L tr.i ihc Fund are due and are remitted to the Fund.
(2) Every employer shall maintain such accounts in relation to the amounts contributed to the Fund by him and by the seamen employed on his ships as the Board may, trom time to time, direct.
(3) Notwithstanding anything herein before contained in this paragraph, the Board may issue such directions to the employer generally as it may consider necessary .)r proper for the purpose of implementing the Scheme and it shall be the duty of r:very employer to carry out such directions.
33. Employers to furnish particulars ofOwnershio: Where the seamen to whom the provisions of this Scheme apply are employed by any company or agency the employer, in relation to such company or agency shall fumish to the Commissioner in Form II annexed hereto particulars of Owners, Agents, Directors, Partners, Manager of any other person or person's who have ultimate control over the affairs of the company or agency and also send intimation of any change in such particulars within fifteen days of such change to the Commissioner by registered post and in such marurer ,rs may be specified by the Commissioner.
34. AllotmentofAccountnumbers: On receipt oF the Declaration form refened to in paragraphs 30 and 32'the Commissioner shall promptly allot an Account Number to each seaman qua[rying to become a member and shall communicate the Account Number to the member and to his employer.
35. Mode and periodicilv ofpayment ofcontribution The employer shall, before paying the member his wages in respect of any service for which contributions are payable, deduct the seamen's contribution from his wages which together with the employer's own contribution and an administrative charge of such percentage of the total anployer's and seaman's contribution as may be fixed by the Govemment, shall be paid to the Fund witliin 15 days of the date on which the wages became payable to the seaman by separate bank drafts/cheques on account of contributions and Administrative Charges. However, the conkibution mentioned in this paragraph shall not include the additional voluntary contributions as provided for in ..12.. 12 section 8(l). ofthe Act or paragraph 26 0f the scheme for the purpose ofcarcuration ofAdministration charges. PROVIDED that where the wages due to a seaman in respect of a service aredeposited for any reason by the emploier *l,t it " St iori"g Master for payment to theseamen the employer shall deduct- the ,"r.;,;;;;l;ion from his wages beforedepositing the same with the Shipping Master. PROVIDED further that jf payment is made by cheque on an outstation Bank,correctioncharges in respect of bo;h ihe ;ni;i"ri"".""J "a,"inistrative charge ar suchrate as the Board mav determine inttris ueurstraiii"ir"i"i.a i,*,e amount forwhich thecheque is drawn in respect ofthead.irir;;;;";:'"'"-*
(1) The employer sha, submit at the time of finar settrement of wages, to the ShippingMaster in the presence of whom th" *ug"s ;;;idio'u"r***, a statement, induplicate, in such form as may be prescri"t"a UV it " C"_.issioneg indicating theparticurars of rhe service n".rg3it bv;h;;;;; i* *'t,i"r, rhe conrriburion ispayable' the amount of contribution'diiG ;JJii'.',ug"., the amount ofcontribution payable, bv the employer * .;;;;;; iluctions are made. Theshipping Master shall. lm-*1ili, qi;ilft:' ffi:.ent, forward a copythereof ro the commissioner dury;rryr"g ui" j"ar"ilnl.no*n in tt e statementon account ofseamen's contribution The employer shall, while oaving the^contributions to the Fund, forward, along with :X",r'"*ff,fi:r ct'e4ues' atpv ortr'".t t"-L't."[iJi" ir rru-paragraprr 1r; Fixation of administrative charges :
(2)
37. ffi [T,;::il*i;:',4:l',^]1"i;;Elffi H:T"lffi ,ffi :il';'"'.-&';::*: 35 above. 3e of administrative charg". puyuUt" una"r.puffipti whenevq the commissioner or any other officer authorised by him in this beharf oran rnspectorso requests, either in person orby notic" i;;;;g,_
(a) Every employer shall nroduce before the Commissioner, Officer or Inspector.as the case mayb" the i""ords oiarr,n"*u"".#piii.a.u, r,ir.
(b) ,?::-"^.ll'ttiP Master shall.produce before the Commissioner, Ofticer ormspector, as the case mrv,bg the ,ecords oiany .oiln "ngug.a from his oortand such emproyer * illppile M;;;;'#J";;riia uy cor*ir.io,",,officer or lrspettor. .rar d"rii"..r"i'li"ir';iil said Commissioner,officer or Inspector, who may, ifh" tf,,i"t. hi."tri"L].".o.a. ..13..
39.
40.
41. 42- '13 PROVIDED that he shall grant a receipt for every such record retainedby him. Supply of forms to emoloyers : The Commissioner shall supply to employers, free of charge, on demand Declaration Forms and other forms refened to in this Scheme. Current Account : The Commissioner shall deposit as soon as possible the Bank drafts or <;hevlues received from the eurployers in the State Bank oflndia in the Current Accountofthe Fund. CHAPTERVII. ADMINISTRATION OF THE F'UND. ACCOUNTS AND AUDIT Administration Accounts : A separate account shall be kept called the Administration Account' for recording all administrative expenses of the Fund including such administrative charges as the Fund may be authorised to levy. Provident Fund Account : The aggregate amount received as the ernployers' and the members' contributions to the Fund shall be credited to an account to be called the 'Seamen's Provident Fund Account."
43. Interest Suspense Account: All interest, rent and other income realised, and not profits or losses, ifany, from the sale of investments not including therein the transactions of the Administration Account, shall be credited or debited, as the case may be to an Account called the 'Interest Suspense Account." Brokerage and commission on the purchase and sale ofsecurities and other investments shall be included in the purchase or sale prioe, as the case may be, and not separately charged to the 'Interest Suspense Account.'
44. Investment of monies belonging to Seamen's Provident Fund.
(1) All monies to the Fund shall be deposited in the State Bank of India or shall be invested, subject to such directions as the Govemment may from time to time give, in the securities mentioned or referred to in Clauses (a) to (d) ofsection 20 of the Indian Trusts Act, 1882 (2 of 1882) PROVIDED that such securities are payable both in respect ofcapital and in respect ofinterest in India.
(2) All expenses incurred in respect ofand loss, ifany, arising from, any investment shall be charged to the Fund. ..14.- 14
(3) The Cornmissioner shalr prepare, in 'Fonn Ii| a crassified summary of the assets ofthe Fund as on the 3 I st Marcir.in eu",, y"r., o. * .ulilother date as the Government f; :trJ,"""P*X.shall append it to tt " i*r"r r"p"Jrri.it"a *a". p"r"g."* iq i;
45. Disoosal ofthe Fund : ( I ) Subject to the provisions ofthe act and ofthis Scheme the Fund shall not, except withthe previous sancrion of the Gor"*,,";i,';"-"-;;;;;; for any purpose other thanfor the payment of surns standing t" ,r," "*ai, oiirairiduar members of the Fund or :l:lij!Hg::"s or heirs or regal ."p;.",il;;l;'aLrdance with the provisions
(2) il;:H*T" te operated upon bv such officers as may be authorised in this behalf (l )
(2)
46. Exoenses of administration : All experses relating to the administration of the Fund, including the fees and :ii#:ffi; S#,i J;jlntl i'" B;:i; .;r.#. i."* and- ioi ni ng rime ,il"*;;;;;ffi,:,H;Tff :;:,:yr,[",Y#T.ffi :lT:il*T]:f,,,tr$:instituted for the officers -a "y1"y""1';iil;;il,;e cost of audit of theaccounrs, legal expenses and cost ;f ail starionef ;;;H. incurred in respect of H::fl,:fllr""ffX1ses of the commi..i"*, *.il""-i'from the edminir,iJi* The expenses incurred bv the Government in connection with the establishment ofthe Fund sha, be treaied as_a t"r, ;J;;;i;^'#;i be repaid from theAdministration Account ofthe Fund. Forms ofAccounts : The Accounts of the Fund including ,the Administration Account, shall bemaintained by the Commissi.,n", tn ,u& fo.* ;;;;; may be specified bythe Board with the approval ofthecor"_."ri. -"* "'*u'twr d 48- Audil (l ) The accounts of the fund, including the Administration Account, shall be audited inaccordance with the instructions i;il;ilh".j];;ment in consurtation with theComptrollerand Auditor General of rnaiul "'-vvv!rII
(2) The chargeson account ofaudit shalr bepaid outoftheAdminishation Account.
49. Budget
(l) The commissioner shall place before the Board each year in the first fortnisht ofJanuary' a budget showing.separately the prouuir" i"""ipt. from the contribitionsand from the Ievy ofadministritive "il";g;:;il;;;xlenaiture which it proposes to ..15..
50.
(l) 15 incur during the following financial year. The budget a approved by the Board shall be submitted for sanction to the Government within a month of its being placed before the Board.
(2) The Govemment may make such modifications in the budget as it considers desirable before sanctioning it.
(3) The Commissioner may, at any time during the year, make budgetary reappropriation of funds sanctioned in the budget by theGovernment, provided that
(i) the total amount sanctioned in the budget by the Government is not exceeded; (i0 it is made only for meeting such expenses of administration as are to be met from the Administration Account in accordance with paragraph 46; and
(iii) every re-appropriation so made shall be reported by him in the next meeting of such Board. Member's Account. An account shall be opened in the office ofthe Fund in the name ofeach member in which shall be credited.
(a) his contributions
(b) the contributions made by the ernployer in respect of him, and
(c) interest as provided in paragraph 51. Al[ items of account shall be calculated to the nearest rupee and, for this purpose, where the amount ofan item consists ofa part ofa rupee, than, ifsuch part is fifty paise or more, it shall be increased to one complete rupee and ifsuch part is less than fiftypaise, it shall be ignored. INTEREST: The Commissioner shall credit to the account ofeach member interest at such rate as maybedetermined by the Govemment inconsultation with the Board.
(2)(a)Interest for the period ofthe currency of the account shall be calculated on monthly bearingbalance basis at the creditofthe member's account and credited on the lastday oftheperiod. In the case of a claim for the refund under paragraph 59 or 60, interest shall be payable up to the end of the month preceding the date on which the final payment is authorised irrespective of the date of receipt of the claim from the claimant concemed; PROVIDEif that interest upto the end of the current month shall be payabte on the amount of claims which is authorised on or after the 25th day of a calendar month alongwith actual payment of claims after the end of the current month; *'i Amended by Notification No.GSR.12 dated 3 1.12.1999 ..16..
(2)
51.
(l)
(b) 16 PROVIDED further that the rate of interest to be allowed on claims for refund for the broken currency period shall be the rate fixed for the financial year in which the refund is authorised.
(3) The aggregate amount of interest credited to the accounts cfthe members shall be debited to 'lnterest Suspense Account.'
(4) In determining the rateofinterest, the Government shall satisfu itselfthat there is no overdrawal on the Interest Suspense Account as a result ofthe debit thereto of the interest credited to the accounts ofthe members. CHAPTERVIII. NOMINATIONS. PAYMENTS AND WITHDRAWAIS F'BQM-TIIE F'UND
52. Nomiriation.
(1) Each member shall make in his declaration in Form 1, a nomination conferring the right to receive the amount that may stand to his credit in the Fund in the event ofhis death before the amount standing to his credit has become payable. or where the amount has become payable before payment has been made.
(2) A member may in his nomination distribute the amount that may stand to his credit in the Fund amongst his nominees at his own discretion.
(3) If a member has a family at the time of making a nomination, the nomination shall be in favour ofone or more persons belonging to his family. Any nomination made by suchmember in favour ofa person not belonging to his family shall be invalid.
(4) rf at the time ofmaking a nomination the member has no family, the nomination may be in favour ofany person or persons but if the member subsequently acquires -a ' family, such nomination shall forthwith be deemed to be invalid and ihe member shall make a fresh nomination.in favour of one or more persons belonging to his family.
(5) A nomination made under sub-paragraph( I ) may at any rime be nrodified fy a member after giving a written notice ofhis intention ofdoingso in Form tv anneied hereto- If the nominee predeceases the mcrnber, the i{rterest ofthe nominee shall revert to the member who make a fresh nomination in respect ofsuch interest.
(6) A nomination or its modification shall take effect to the extent tat it is valid on the date on which itis received by the Commissioner.
53. Financingof Membersr Life Insurance policies :
(1) where a member desiresthat prernium due on a policy of Life Insurance taken by him on his own life shourd be financed from his provident runa eccount, he mai apply in such form and in such manner as may be prescribed by the Co.mirsiorr"r. ' ..17.. I.
(6)
(7)
54. 17
(2) On receipt of such application, the Commissioner or, where so authorised by the Commissioner, any other officer subordinate to him may makepayment onbehalfof the member to the Life Insurance Corporation of India towards premium due on his policy. PROVIDED that no such payment shall be made unless the premiurn is payable halfyearly or yearly.
(3) Any payment made under sub-paragraph (2) shatl bemadeoutofand debited to the member's own contribution with intercst thereon standing to his credit in the Fund.
(4) No payment shall be made under sub-paragraph (2) unless the member's own contribution in his Provident Fund Account with interest thereon is sufficient to pay the premium and where the payment is to be made on the first premium, sufficient to pay premiums for two years.
(5) No payment shall be made towards a policy unless it is tegally assignable by the membertothe Board. The Commissioner shall before making payment in respect of existing policies, satis! himself by reference to the Life Insurance Corporation that no prior assignment ofthe policy exists and thepolicy is free from all encumbrances. No educational endowment policy or marriage endowment policy shall be financed from the Fund, if such policy is due for payment in whole or in part before the member attains the age of55 years. Conversion ofPolicy into a paid up one and paymentof late fee etc. Where a policy of Life Insurance of a member is finance from his Provident Fund Account, the Commissionermay,
(a) Convert the Insurance Policy into a paid up one when the credit in his Provident Fund on account ofhis share becomes inadequate for the payment of any premium.
(b) Pay late fee and interest out of the member's own contribution in his Provident Fund Account, if any premium cannot be rernitted to the Life Insurance Corporation in time because of delay in sending to the Commissioner the policy duly assigned to the Board orany otherreasons for which the memberor his employer maybe responsible. Assignment of Policies to the Fund: ( I ) The Policy shall, within six months ofthe first payment under paragraph 53, be assigned by endorsernent thereon to the Board and shall be delivered to the Comrnissioner.
(2) Notice of the assignment of the Policy shall be given by the member of the Life Insurance Corporation and the acknowledgernent ofthe said notice by the ..'t8..
55. 18 Corporation shall be sent to the Commissioner within three months of the date of assignmeut.
(3) The terms ofthe policy shall not be altered nor shall the policy be exchanged for another policy without the prior consent of the Commissioner to whorn the details ofthe alterations or ofthe new policy shall be fumished in such form as he may speciS.
(4) Ifthe policy is not assigned and delivered as required under sub-paragraph ( 1), or is assigned otherwise than to the Board or is charged or encumbered or lapses, any amount paid from the Fund in respect ofsuch policy shall with interest thereon at the rate provided under paragraph 5l be repaid by the member forthwith to the Fund. In the event of default, the employer shall, on receipt ofsuch directions as may beissued by the Commissioner in this behalf, deduct the amount in lump sum or in such installments as the Commissioner may determine fiom the emoluments of the member and pay it to the Fund within such time and in such manner as may be specified by the Commissioner. The amount so repaid or recovered shall be credited to the member's account in the Fund.
56. Bonus on oolicv to be adiusted against oayments made from the Fund: So long as the policy rernains assigned to the Board, any bonus accruing on it may be drawn by the Board or where authorised by the Board, by the'Commissioner and adjusted against the payments made on behalfofthe member under paragraph 53.
57. Reassignment of policies:
(1) Where the accumulations standing to the credit of the member are withdrawn under paragraph 59 or when the mernber repays to the Fund the amounts of premium paid by the Board with interest thereon at the rate provided in paragraph 5 t, the Board or where authorised by the Board , the Commissioner, shall reassign by endorsement thereon the policy to the member, together with a signed notice of reassignment addressed to the Life Insurance Corporation.
(2) Ifthe member dies before the policy has been reassigned under sub-paragraph( I ), the Board or where authorised by the Board, the Commissioner, shall reassign by the endorsernent thereon, the policy to the nominee of the member if a valid nomination subsists and ifthere tre no such nominee, to such person as may be legally entitled to receive it together with assigned notice of re-assignment addressed to the Life Insurance Corporation.
58. Recoveryof amounts paid towards Insurance Policies: If a policy matures or otherwise falls due for payment during the currency of its assignments, the Board or where so authorised by the Board, the Commissioner shall realise the amount assured together with bonus, ifany accrued thereon place to the credit of the member the amount so realised, or the whole of the amount paid from the Fund in respect ofthe policy with interest thereon, whichever is less, and refund the balance, ifany, to the member. ..19.. 19
(1)
(2)
58. & Withdrawal from the F-und due to unemployment: The Commissioner may, on an application from a member, who has completed five years rnembership ofthe Fund, sanction a non-refundable withdrawal notixceeding ten per cent of his own total contributions with interest thereon i.t, in the case ofi registered seaman, he remains unemployed for more than six months due to his tum for call notice not having been reached in the Seamen,s Employment Offrce roster or, in the case ofan unregistered seaman the Cornmissionei is satisfied regarding stipulated period ofhis unemployment. All such applications shall be made through the Director, Seamen's Ernployment Office, who shall certif,i to the above effect indicating the date oflast disiharge of the seaman and the date of last discharge upto which seamen in the same category havebeen called for muster.
(3) No second withdrawal under this paragraph shall be allowed within a period ofone year from the date ofpayment ofa withdrawal allowed under this paragraph. PROVIDED that not more than three withdrawals shall be allowed during one continuous period of unemployment.
58. D Withdrawal from the fund for illness in certain cases:
(l) The Commissioner may, on an application from a member,3anction a nonrefundable withdrawal upto twentyfive per cent of his own total contributions with interest thereon in the case of illness of himself or of a member ofhis family or both in the following cases :- (0 hospitalisation lasting one month or more, or
(ii) major surgical operation in a hospital, or
(iii) suffering from T.B. Hansen's disease, paralysis or cancer, or
(iv) having been declared temporarily unfit either by the Seamen s Medical Examination Organisation or by Company Doctor and is undergoing prolonged medical treatrnent. PROVIDED that no such withdrawal shall be granted to a member unless he has produced -
(i) a certificate from a doctor ofthe hospital that the patient has been hospitalised or requires hospitalisation for one month or more, or that a major surgical operation has or has become necessary, or (iD a certificate from the Seamen's Medical Examination Organisation or from Medical Officer ofemployer or from Medical Officerofa hospital.
(2) No second withdrawal under this paragrph shall be allowed within a period of two years from the date ofpayment ofwithdrawal allowed under this paragraph.
(3) Where the Commissioner is not satisfied with a medical certificate fumished by the member under this paragraph, he may, before granting a withdrawal under this paragraph, demand from the member another medical certificate to his satisfaction. ..20.. 20 6) Withdrawal from the fund for the purchase of a dwelling house or flat or for the construction of a dwelling house including the acouisition of a suitable site for the ouroose. The Commissioner or where so authorised by the Commissioner, any officer subordinate to him, may on an application from a mernber, who has completed five years membership of the fund, sanction from the amount standing to the credit of a member in the fund, a non-refundable withdrawal for
(a) Purchasing a dwelling house or flat, including a building owned jointly with others (outright or on hire purchase basis) dwelling house including the acquisition of suitabble site for the purpose from the Central Govemmint, a State Government, a Co-operative Society, an institution, trust, a local body or housing finance corporation (hereinafter refened to as the agency/agencieis); or
(b) Purchasing a dwelling site for the purpose ofconstruction ofa dwelling house or ready-built dwelling house or flat from any individuat provided the said house or flat is new and unlived one; or
(c) the construction of a dwelling house on a site owned by the member of the spouse of the mernber or jointly by the member and the spouse, or for completing or continuing the construction of a dwelling house already commenced by the memberor the spousg on such site. EXPLANATION : For the purpose of this sub-paragraph, subject to the condition specified in this paragraph, whether or not a house or flai is newand unlived shall be determined with reference to the certificates relating to the number and date of approval of building plan, the date of commencement-and completion of the house or flat and the tax bills and receipts issued by the appropriate authorities.
(2) commissioner or where so authorised by the commissioner, any ofticer subordinate to him may, irrespective of the length of membership of the fund, on an apprication from a member whose dwelling house has been damaged or-destroyed by the calamity of exceptional nature, such as floods, earthquake or riots, urrth-o.ir" pa)ment to him from the fund a non-reftrndable withdiawal not exceeding the mernba's wages for 36 months or the mernber's own share ofcontributions togither with that amouut ofthe ernployer's contributioos admissible under sub_parigraph (3 ) of Paragraph 59 and paragraph 6l, had the member been allowed to wiitraraiv tris accumulations on the date of authorisation of payment with interest thereon or the actual cost towards the expenditure on construciion or repairs to dwelling house whichever is the least : PRoVIDED that the mernbers sha[ produce evidence to the satisfaction ofthe commissioner or the authorised officer that the said property had been damaged or destroyed by such narural calamity.
(3) No payment under sub-paragraph (2) shall be made unless the local revenue authority certifies that any ot the aforesaid calamity has effectea g"ne.uLp"Ui" i" thatarea.
58.
(l) ..21.. 21
(4) The amount of withdrawal under sub-paragraph (l) shall not exceed the member's basic wages and leave wages for 36 months or the member's own share of contribution, together with that amount of the employer's share of contributions admissible under sub-paragraph (3) ofparagraph 59, had the member been allowed to withdraw his accumulations on the date ofauthorisation ofpayrnent with interest thereon or the actual cost towards the acquisition ofthe dwelling site or the purchase of dwelling site or the purchase of dwelling house or flat or, as the case may be, the construction ofthedwelling house, whichever is less. EXPLANATION : For the purpose ofthis sub-paragraph the actual mst towards rhe acquisition ofthe dwelling site or the purchase ofdwelling house or flat shall include charges payable towards registration ofsuch site, house or flat.
(5) Subject to the provision ofsub-paragraph (a)
(a) Where the withdrawal is for the purchase of a dwelling house or flat or a dwellingsite from an agency, the payment ofwithdrawal shall notbe made to a mernber but shall be made direct to the agency in one or more installments as may be authorised by the member;
(b) Where the withdrawal is for the construction of a dwelling house, it rnay be sanctioned in such number of installments as the Commissioner or where so authorised by the Commissioner any officer subordinate to him, thinks fit.
(c) Where the withdrawal is for the acquisition of a dwelling site for the purpose of construction of a dwelling house thereon from any individual or any agency, the amount shall be paid in not less than two equal instahnents, the first installment at the time of the acquisition of the dwelling site and remaining at his request at the time of the construction of a dwelling house on such dwelling site.
(6) Where the withdrawal is sanctioned for construction of a dwelling house, the construction shall commence within six months of the withdrawal of the first installment, and shall be completed within 12 months of the withdrawal of the final installment. Where the withdrawal is sanctioned for the purchase of a dwelling house or flat or for the acquisition ofa dwelling site, the purchase or acquisition, as the case may bq shall be completed within six months of the withdrawal of the amount; PROVIDED that the provisions ofthis sub-paragraph shall not apply in case of purchase of a dwelling house or flat on hire-purchase basis and in cases where a dwelling site is to be acquired or houses are to be constructed by a Cooperative Society on behalfofits members.
(7) Except in cases specified in sub-paragraph (8) no further withdrawal shall be admissible to a mernberunder sub-paragraph (1).
(8) The Commissioner or where so authorised by the Commissioner, any oflicer subordinate to him, may, on an appiication from a member rvho has completed five years membership of the fund, if he is satisfied that the member requires a ..22.. 22 withdrawal for the additions, substantial alterations or substantial improvements necessary to the dwelling house owned by such member, sanction a non-refundable withdrawal not exceeding twenty-five percent of his contributions with interest thereon outstanding to his credit in the fund ; PROVIDED that the withdrawal shall be admissibte only after a period of five years from the date ofcompletion ofthe dwellinghouse.
(9) Sameas provided in Clause (c) ofsub-paragraph (l), no withdrawal shall be granted forpurchasing a share injoint property orbuilding a houseon land owned jointly. PROVIDED that where a dwelling site or a dwelling house is mortgaged to the Central Government or a State Government, a Co-operative soiiety, institution, trust, local body or housing finance corporation, sol-ly for obtaining firnds, for the construction ofthe house under any housing scheme formulated by the central Government or a state Govemment (except under the subsidised housing scheme for induskial workers), such dwelling site or a dwelling house, as the casi may be shall not be deerned to be an encumbered property. PROVIDED further that a withdrawal may be granted to a mernber for acquiring a flat in a building owned jointly with others, if other conditions in this paragra.ph are satisfi ed. PROVIDED also that a land acquired on perpetual lease or on lease for a period not less than 30 years for constructinga dwellinghouse or house built on such a lease land shall not be deemed to be an encumbered property. PROVIDED also tfiat where the site of the dwelling house or flat is held in- the name of any agency, and the allottee is precluded from transferring or otherwise-disposing of the house or flat without thi prior approval ofsuch age-ncy, the mere fact that the alloftee does not have absotute ;ght ofownership ofthJouse or flat and the site is held in the name ofagency, shall not be a bar to tire giving ofa withdrawal under clause (a) ofsub-paragraph (l ), ifthe other conditions mentioned in this paragraph are satisfied. ( I 0) where a withdrawal is sanctioned for purchasing a dwefling house or a dwelling site or for the construction of a dwelling house, the member shall not sell the dwe'iling house or the dwdlling site, at any time after withdrawal of the first installment anJ within a period of five years of the withdrawar of the final installment and sha deposit and keep deposited for aperiod of fiveyears, with the commissioner the title deeds in respect of such dwelling house or dwelling site within such time as the Commissioner may direct. ( 1 1 ) (a) If the withdrawal granted under this paragraph exceeds the amount actua y spent for the purpose for which it was sanctiond the excess amount shall be refunded by the member to the fund in one lumps,m within thirty days of the finalisation of the purchase, or the completion of the constuction of, or necessary additions, alterations or improvement to a dwelling house, as the ..23.. I il * f; 23 case may be. The amount so refunded shall be credited to the employer's share of contributions in the rnember's account in fund to the extent ofadvance granted out ofthe said share and the balarrce, ifany, shall be credited to the member,s share ofcontributions in his account.
(b) In the event of the member not having been allotted a dweliing site, dwelling house or flat or in the event of the cancellation ofan allotment made to the member and ofthe refund ofthe amount by the agency referred to in clause (a) ofsub-paragraph ( I ) or in the event ofthe member not being able to acquire the dwelling site or to purchase the dwelling house or flat from any individual or to construct the dwelling house, the rnember shall be liable to refund to the fund in one lump sum and in such manneras may be specifiedby the Commissioner, or where so authorised by the Commissioner, any officer subordinate to him, the amount ofwithdrawal remitted under this paragraph to him or, as the case maybe to the agency referred to in clause (a) ofsub-paragraph (l ).
(c) The amount so refunded shall be credited to the employer' share of contributions in the member's account in the fund, to the extent of withdrawal granted out of the said share, and the balance if any, shall be credited to ttre member's own share ofcontributions in his account.
12. Ifthe Commissioner is satisfied that the withdrawal sanctioned under this paragraph has been utilised for a purpose other than that for which it was granted or that the conditions of withdrarval have not been fulfilled or that there is a reasonable apprehension that they will not be fulfilled wholly or partly, or that the excess amount will notbe refunded in terms of sub-paragraph (l I ), the Commissioner shall forthwith take steps to recover the anrounts due wi& interest thereon at the rate not exceeding 6 l/4th % per annum, from the wages of the member in such number of installments as the Commissioner rnay determine. For the purpose of such recover the Commissioner may direct the employer to deduct such installments from the wages of the member and on receipt ofsuch directions the employer shall deduct accordingly. The amount so deducted shall be remitted by the employer to the Commissioner within such time and in such manner as may be specified in this behalfby the Commissioner forbeing credited to the member's account.
13. Where any withdrawal granted under this paragraph has been misused, no further withdrawal shall be granted to the member under this parqgrapft. 58 D. Mode of pavmentof non-refundable withdrawals. Payment ofwithdrawals under paragraphs 58-A, 58-B and 58-C may be made by postal money order, demand draft or by account payee cheque through post or handed over to the concemed payee on omce premises, except in the case of deceased member, atthe option ofthe rnember to whom payment is to be made : PROVIDED that, if the amount is rupees five hundred and below, the payment of withdrawal shall be made in the like manner and expenses thereof shall be met from the Administration Account of the Fund. ..24.. 24 58 E. Non-refundable withdrawal for meeting the expenses in connection with the marriage of member of family of seamen. or higher education of children.
(1) The Commissioner may, on an application from a member, authorise payment to him of a non-refundablc withdrawal from the Fund not exceeding 50% of his own total contributions including interest thereon standing to his credit on the date of such authorisation, for meeting the expenses in connection with the marriage ofa member of the family of seaman or the seaman himself or higher education ol children.
(2) No withdrawal under this paragraph shall be sanctioned to a rnernber unless the amount ofhis own total contributions with interest thereon standing to his credit in the Fund is Rs.500/- or moreon the datethepayment is authorised.
(3) Not more than two withdrawals shall be admissible to a member under this paragraph.
(4) The Commissioner, if he is satisfied that the withdrawal granted under this paragraph has been utilised for a purpose other than that for which it was grarted, or that the conditions of non-refundable withdrawal have not been fulfilled within a reasonable time, shall after giving the mernber on opportunity to show cause as to why the amourt ofsuch withdrawal or any part thereofshall not be recovered from his wages, take steps to recover the amount due with interest at the rate not exceeding seven per cent afftum thereon, from the wages ofthe mernber in such number of installments as the Commissioner may direct the employer, for subsequent service, or the Shipping Master to deduct each such installment from the wages of the member and on receipt ofsuch direction the employer or the Shipping Master, as the case may be shall deduct accordingly and the amount so deducted shall be remitted by the employer or the Shipping Master, as the case may be, to the Commissioner within such time and in such manner as may be specified in this behalfby the Commissioner, forbeing credited to the member's account.
(5) Where any withdrawal granted under this paragraph has been misused,.no further withdrawal shall be granted to the member underthis paragraph. PROVIDED that only that portion ofthe interest which might havgbeen credited to the member's account by way ofinterest had he not taken any such nonrefundable withdrawal shall be credited to the mernber's account and the excess shall be credited to the Interest Suspense Account. PROVIDED further that the mode of payment of this non-refundable withdrawal shall be the sameas provided for under paragraph 58 D.
59. Circumstances in which accumulations in the Fund are payable to a member (l ) A member maywithdraw the full amount standingto his credit in the Fund
(a) on retirement from seafaring profession on attaining the age of superannuation. ..25.. fl il H iI H $ il f, $ H tsr.l' fi 25
(b) on retirernent on account of permanent and total in capacity for work due to bodily or mental informity duly certified by ihe medical authority or by such othermedical officeras the Board mayprescribe.
(2) In cases other than those specified in sub-paragraph (1) the Board, or where so authorised by the Board, the Commissioner or where so authorised by the Commissioner any officer subordinate to him, may permit a member to withdraq subject to the provisions ofsub-paragraph (3) the amount standing to his credit.in the Fund if
(a) he being a national ofa country other than India leaves seafaring profession under intimation to the Seamen's Employment Ofticer; or O) voluntarily leaves the seafaring profession under intimation to the Seamen's Employment Offrce in the case of a seaman registered with such office or to the Shipping Master ofthe Port in the case ofa seaman not so registered, or
(c) his registration with the Seamen's Employment Office is cancelled on his failure to present himself for employment on a ship on receipt ofsuch number of call letters Aom that office as may be prescribed under the provisions of Rules framed under sub-section (3) of section 95 of the Merchant Shipping Act, 1958 (44of1958).
(d) his registration with the Seamen's Employment Office is cancelled for any offence specified in paragraph 6l ofthe Scheme or foranyother reason and the seaman as a result is no longer eligible to serve as a mernber ofthe crew ofa ship under Merchant Shipping Ac! 1958. EXPLANATION: Applications for withdrawal shall be submitted in writing to the Commissioner through the Seamen's Employment Office or the Shipping Master concemed as the case maybe.
(3) When a member withdraws any urmount under sub-paragrph (2) the lollowing provision shall apply, namely :-
(i) 75% ofthe employer's contribution and interest thereon shall be forfeiteil to the Fund if the total of the period of menrbcrship in dre fund is less than 2.1/2 years; or
(ii) 50% of the employer's contribution and interest thereon shall be forfeited to the Fund ifthe total ofthe period ofmernbership is 2.1/2 years or more but less than 5 years; or
(lil) 25% of the employer's contribution and interest thereon shall be forfeited to the Fund ifthe total ofthe period ofmembership in the Fund is 5 years or more but less than 6 years; or ..26.. 26
(iv) No share ofthe employer's contribution and interest thereon shall be forfeited to the fund ifthe totai period ofmembership is 6 years and more. EXPL:ATATI9N:;:In computing rhe period of membership in the Fund, membership of the Fund shall be deemed to commence on the date oi;ngagement as recorded in the Continuous Discharge Certificate till the dateoflast disclaige." -.. _'"
(4) Any surn forfeited to the..Furd under this paragraph shalr not be retumed to theemployer but shall be credited to th",Fo.feiture ,{ccount, ofthe Fund. Ih" ";;;i;so credited to the'Forfeiture account, shall be utilised for srch prrposes;#;;;;; to welfare ofseamen and their families as the Board maydecide from time to time.
(5) Notwithstanding anything contained in sub-paragraph (3), a member may withdrawthe full amount standing to his.credit in the nmd,-Jn'termination ofhis service in thecase, of retrenchmenr, iedundancy ,rJ;"d; ;;prospect of further scope ofemplo-yment duly certified by the "-ptovo, i*r*,i's'Emproyment oflicer and theShipping Master. PROVIDED that at least a period of six months has elapsed his lastemploymen! precedine the date on *t i"rr trr";il; makes the application forfinal withdrawar with th-e appropriate supporting documents to the commissioner.
60. On the death of a member before the amount standing to his credit has becomepayable, or where the amount has b"*;; p;di;;;.il'Jy."r*,* teen made
(i) If a nomination made by the member in accordance with paragraph 52subsists' the amount standing to t is "rJiil" ti" rr"a or that part thereof towhich the nominarion ."luL, ,h;l ;;r!''puvuUf" to his nominee ornominees in accordance with such *rni"rtl"r; ..t
(ii) if no nomination subsists or if the nomination relates only to a part of theamount standing to his credit in the pund, the wtrol" un,o*ioi p",i h;;,;which the nomination does not ."il,;'t#;;e may be, shall becomepayable to the members ofhis famifyi, "q*f .ir.;; PROVIDED that no share shall bepayable to _ 9) sons who have attained majority; 9) sons ofa deceased son *ho huu" uttuined maioiritv: I:l mam ed_ daughte" *h".. n ;;b;;; ;;;iu;l "'^ "r' (u., mamed daughters ofa deceased son whosehusbands are alive; if there is any member of the family other than those specified in clauses(a), (b), (c) & (d) PROVIDED further that the widow orwidows, and the child orchildrenofa deceased son .t utt ."""iue ult*lJn-rffiil;#il. only the share which thatson would have received if he had sr.ri";il; ;:;5iura nud not uttuined the ageofrnajority at thetimeofthe member,s death. ..27.. - 27
(iii) In any case, to which the provisions of clauses (i) and (ii) do not apply the whole amountshall be payable to the person legally entitled to it. EXPLANATTON: For the purpose ofthis paragraph a member's posthumous child ifborn alive, shall be treated in the same way as a suwiving child bom before the member's death.
61. Deductions from the Account of member dismissed for serious and rvilful misconduct.
(l) Notwithstanding anything contained in paragraph 59, if the registration of a member with the Seamen's Employment Office is cancelled for any of the followingoffences :-
(a) smuggling or theft;
(b) desertion;
(c) misconduct during the period ofservice under articles ofagreement; or if his continuous certificate of Discharge is cancelled under the provisions of the Merchant Shipping Act, 1958 (44 of 1958), for smuggling narcotics, the Director, Seamen's Employment Office or the Shipping Master concemed shall send intimation thereof to the Board and the Board or where so authorised by the Board the commissioner shall, on receipt of such intimation, have the power to forfeit the employer,s contribution upto a maximum of the ernployer's contribution ir-r respect of ire current period of service alone in the course of which the offence leading to cancellation ofregi stration was committed. @ The Board may, of its own motion, and shall at the request of the ernployer or the member review a forfeiture order made under sub-paragaph ( I );
(3) Any amount forfeited fiom the individual account ofa member under sub-paragraph
(l) shall not be retumed to the employer but shall be credited to the Forfeiture Account of the Fund.
62.
(r) Pevment of Provident Fund : when the amount standing to the credit of a member, or the balance thereof after any deduction under paragraphs 59 and 6l becornes payable, it shall be the duty of the Commissioner tomake piompt payment as provided in this Scheme. He shall close the account of the member and give notice in writing to the person to whom the arnount is payable, specifuing the amount and tendering payment thereof' ln case there is no nominee in accordance with this Scherne, the commissioner, may' if the amount to the credit ofthe Fund, does not exceed Rs.20,000/- and ifsatisfied after enquiry about thetitle oftheclaimant, pay such amount to the claimant' Ifany portion ofthe amoun! which has become payable, is in dispute or doubt, the Cominissioner shall make prompt payment of that portion ofthe amount in regard to ..28..
(2) 28 which there is no disputeordoubt, the balance being adjusted as soon as may be possible.
(3) If the person to whom any amount is to be paid under this Scheme is a minor or lunatic for whose estate a guardian under the Guardians and Wards Act, 1890 (8 of 1890), or a manager under the Indian Lunacy Ac! l9l2 (4 of 1912), as the case may be, has been appointed the payment shall be made to such guardian or manager. Where the amount does not exceed Rs.20,000/- and guardian or manager has been appointed, the payment may be made to such person as the Commissioner considers to be the proper person representing the minor or lunatic and the receipt of such persorr for the amount paid shall be a sufficient discharge thereof. In any other case the amount shall be paid to the person authorised by law to receive the payment on behalf of the minororthe lunatic.
(4) If it is brought to the notice of the Commissioner that a posthumous child is to be bom to the deceased member he shall retain the amount which will be due to the child in the event ofits being bom alive, and distribute the balance. Ifsubsequently no child is bom or the child is still-born, the amount retained shall be distributed in accordance with the provisions ofparagra.ph 60.
(5) Any person who desires to claim payment under this paragraph shall send a written application to the Commissioner. The Commissioner may, on receipt of the application, make the payment according to the provisions ofparagraph 5g D. PROVIDED that where the provident fund money is remitted by postal money order, the balance, if any remaining after such rernittance shall be c;edited to ttre Forfeiture Account and in the caseofaclaim for the said balance the amount shall be paid by debiting the Forfeiture Account.
(6) Accumulations in respect of any member who has ceased to be employed or has died, but for which no claim has been preferred within a period ofthree years from the date on which it became payable, or relating to any amount remitted io a pe..on but received back undelivered and not claimed within a period ofthree yeaci from the date on which it became payable, shall be transferred to an account called "Forfeiture Account.' PROvIDED that in the c.ase_ofa claim made for the payment of any balance money, the amount shall be paid by debiting the 'Forfeiture Account.'
63. AnnualStatement of Memberrs account :
(l ) As soon as possible after the close of each financial year the commissioner shall send to each member a stat€ment ofhis account in the Fund showing the opening ba.lance at the beginning ofthe year, amount contn'buted during the !ear, the totai amount of interest credited at the end of the year or debited in the year and the closing balance at the end ofthe year.
(2) Members should satisft thenrselves as to the correctness ofthe annual statement and any enor should be brought to the notice of the commissioner within six months of the receipt ofthe statemenl ..29.. 29
CHAPTER IX MISCELLANEOUS
64. Annual Report on the rvorking ofthe Scheme. The Board shall approve before the 15th October, and submit to the Govemment before the 30th November, each year a report on the working ofthe Seamen's Provident Fund Scherneduring the previous financial year.
65. [ssue of copies of Member's Accounts. Annual Report etc. The Commissioner shall fumish copies of the member's account and of the annual reports of the Fund to any employer or member on written application and on payment of such fees and subject to such conditions as may be specifiedby the Board in thisbehalf.
66. Punishment for failure to pay contributions etc. Ifany person :-
(a) fails to pay any contribution which he is liable to pay underthis Schemg or o)deductsorattemptstodeductfromthewagesorotherremunerationofa member the whole or any part of the employer's contribution, or
(c) fails or refuses to submit any retum, statement or other document required by this Scherne or submits a false return, statement or other document, or makes a false declaration, or
(d) obstructs any Inspector or other ofticial appointed under the Act or this Scheme in the discharge of his duties or fails to produce any record for inspection by such Inspector or other official, or **(e) is guilty ofcontravention ofor non-compliance with any other requirement of this Scheme, he shall be punishable with imprisonment which may exterid to one year or with fine which extend to fifty thousand rupees' or with bottr- 67 . Conduct ofbusiness ofthe Board.
(l ) All orders and other instructions shall be made and executed in the name of the Board and shall be authenticated by such person and in such manner as the Board may specif,.
(2) All contracts and assurances ofproperty shalt be expressed to be made by the Board and shall be executed on behalfofthe Board by the Commissioner' *+ AmendedbyNotificationno'GSR'12 dated 3 1' I 2'1999 "30"
68. Power to issue directions : The Govemment may, from time to time, issue such directions to the Board or any otherauthority, underthis Act or Scheme as it may consider necessary for the proper implementation of the Scheme or for the purpose of removing any di{ficulty which may arise in the administration thereoi iniluding dilficuriies in the matter ofpayment of accumulations in the Fund to membeis after they c,ease to be such mernbers.
(l)
(2) The Authority to whom any directions are issued under this paragraph shall complywith such directions. 30 No. FORM I Account No. iltt sE[MH[s pn0utoHil IUflD scfirMt,1966 DECLARATION AND NOMINATION FORM (See Paragraphs 30 and 3l) l. Full Name (in Block Capitals)
2. C.D.C. No. (Sumame).
3. Registration No. Identification or other Distinguishing Marks : Father's Nanre 6. Marital Status (whclhcr unmarried. rnarried or widowcr)
7. Date of Birth 8. Religion (Day) (Month) (Year) 9- Permanent Ad&ess (ln Block capitals)
10. I declare tht I have not previously be€n a member of Seamen's Provident Fund, and I hereby nomioate the person (s) mentioned below to receive the amount standing to my credit in the Fund in the eveotof my death before that amount has b€rom€ payable or having become payable has not been paid and direct that the said amount shall be distributed among the said person(s) in the manner shown below against his/theirname(s) Full ame and address ofthc person cntitlcd as Cuardiau to reccivc paymcnt on bchalf of the minor rrcmincc during minority. + Certified that I have no familv as defined in paragraph 2(e) of the Seamen's Provident Fund Scheme, 1966, and should I ac4uire a famity hereafter, fte above nomination should be deemed as cancelled. + Certified that my father/mother is dependent upotr me. +(delete if not necessarv) Date Signature atrd LEFT HAND THUMB impression of the MEMBER (Both in the case literate)
13. Certified tht this DECLARAIION has becn SIGNED and THUMB impressed by Shri +r ' aft.r tG h- rc.d &. .ini.t 6 bG.o rsad. !o UND€RSIAND 6.0-
4.
5. ll. Nalnc and address ofthc rrcminee or nominccs (in Block Capitals) Place: Place : Date ; ++ (The ccrtificate tobefilledby Emolover or aulhorised offi cer) Sisnahfe ofthc EMPLOYER or Aulhorizcd Officlr Dcsignation: Full NAME and Address of the EMPLOYER with seal Full Address FutlAddess Witness :
(i)Name Signature
(ii)Name Signature Notc : ( I )Aoy changcs with thc sbovc date at a futurc daG should bc Eportcd on Formlv-
(2) Thc autio;zca ofiiccr shall inctudc thc offic.rs of thc Govcmmcnt Shipping Officcs" Scamcn's EmPloymcnt oflices, scamcn's welfarc Ofliccs and thc Trustces. 31 (Annexure II) FORM II (THE SEAMEN'S PROVIDENT FUND SCHEME, 1966 Paragraph 33) RETURN OF OWNERSHIP TO BE SENT TO THE COMMMISSIONER Name ofthe Employer. Narne of the Owners/Agent/ D irector/? artner/lV{anager etc. Postal Address. Name ofthe Managing Agents (if any together with Postal address). Names of Directors with postal address. Names of Partners with postal address. Name of Manager with posal address. Name and postal address (es) ofperson(s) incharge ofand responsible for the conduct of business of the Employer. SIGNATURE OF THE EMPLOYER Designation/Stamp. Date:
Note : I ) Strike out whichever is not applicable. 2) Any change in the information given above should be intimated in writing to the Commissioner within 15 days ofsuch change by Registered post and in the manner prescribed by the Commissioner. 32 FormlII (Annexure III) SEAMEN'S PROVIDENT FUND SCHEME, 1966 (Paragraph 44 (3) Classified summary ofthe Assets ofthe Seamen's Provident Fund for the year ending 3 I st March.. ... Class ofAssets. Book Market Remarks Value Value as per (c) asper(a) ason(b) below below below Rs. Rs.
1 . Govemment of India Securities
2. State Govemment Securities.
3. Municipal, Port and Improvement Trusts Securities includingdebentures,
4. Debentures ofconcerns in India.
5. Other Guaranteed and Preference shares ofconcems in lndia.
6. Other Ordinary shares ofconcems in India.
1. Cash on deposit in banks.
8. Cash in hand and on Current account in Barks.
9. Otherassets (to be specitied). The summary shall show a) The value for which credit is taken in the accounts for each of the above mentioned class of assets. b) The market value ofsuch ofthe above mentioned classes ofassets as has been ascertained from published quotations. c) How the value of such ofthe above mentioned classes of assets as has not b€en ascertained ftom published quotations has been arrived at' Dated: SIGNATURE OF THE COMMISSIONER. 33 (ANNEXURETv) Account Number CDCNo. Regn.No. FORM IV THE SEAMEN'S PROVIDENTFUND SCHEME, 1966(Seeparagraph52(5) written Notice of Mernber to the Seamen's provident Fund commissio,er for modification ofNomination orother contents ofForm I l. I hereby cancel the nomination made by mepreviously as regards the dGposal in ttrelventofmyieath, oftheu.ourt.t-airg to my credit in the Seamen's Provident Fund and hereby nominate the person (s) mentioned berow to receive the amount standing to my credit in the Fund in the event of my death before the amount has become payable has not been paid and direct that the said amount shalr be distributed amongthe said person (s) in the mamershown against his/their name(s) : Name and address ofthc nomioccs (ir Block Capitals) I Nominec's relationship with the mcmber 2 WhcOrcr minor or major, and if minor the agc of minor- J Sharc payable covcring the whole amount. Full namc and addrcss ofthe person entitled as Cuardian to receive Payment on behalfof he minor nominee during minorilr. 54
2. CHANGES FOR: Marital Status Permanent address (in Block Capitals) Any other details on Form I : a) b) c) d)
3. * Certified that I have no family as defined in paragraph 2(e) of the Seamen,sProvident Fund Scherne 1966, and rrtouri i u"coil" u ru*ity hereafter, the aboveNomination should bedeemed as cancelled.
4. *Certified that my necessary) Place : father/mother is dependent upon me. * (Delete if not Signature and LEFT HAND THUMB impression ofmember (Both in the case ofliterature) certi fied that this decraration has been sipvred and thumb impressed before by me 34 Shri *+* after he has read the entries orbeenmade to understand them. *(The certificate to be filled by Employer or authorised Offrcer) Place : Signature of the EMPLOYER or AUTHORISEDOFFICER Designation: Full name and address of Employer with seal Date : Witness :
(l ) Name Signature Full address
(2)Name Signature Full address NOTE : The Authorised Officer shall include the offrcers of the Govemment Shipping Oftices. Seamen's Employrnent Offices, Searnen's Welfare Oflices, the Trustees and all members ofthe Seamen's Employment Board. Amendment Note underNotifi cation No.F.No.SWI{WS-22/8 I -MT) dt. I 4. 1. I 982. 35