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Section 29: Procedure on death of a subscriber

The Telecom Regulatory Authority of India (Contributory Provident Fund) Rules, 2003.Central Rules · 1997

Subject to any deduction under rule 31, on the death of a subscriber before the amount standing to his credit has become payable, or where the amount has become payable, before payment has been made:

(i) When subscriber leaves a family-

(a) if a nomination made by the subscriber in accordance with the provisions of rule14 in favour of a member or members of his family subsists, the amount standing to his credit in the Fund or the part thereof to which the nomination relates shall become payable to his nominee or nominees in the proportion specified in the nomination.

(b) if no such nomination in favour of a member or members of his family, of the subscriber subsists, or if such nomination relates only to a part of the amount standing to his credit in the Fund, the whole amount or the part thereof to which the nomination does not relate, as the case may be, shall, notwithstanding any nomination purporting to be in favour of any person or persons other than a member or members of his family, become payable to the members of his family in equal shares:

Provided that no share shall be payable to –

(1) sons who have attained majority;

30

(2) sons of a deceased son who have attained majority;

(3) married daughters whose husbands are alive;

(4) married daughters of a deceased son whose husbands are alive;

if there is any member of the family other than those specified in clauses (1), (2), (3) and (4):

Provided further that the widow or widows and the child or children of a deceased son shall receive between them in equal parts only the share which that son would have received if he had survived the subscriber and if, in a case where had he survived the subscriber, he would have been excluded from a share under the provisions of clause (1) of the first proviso.

(ii) When the subscriber leaves no family, if a nomination made by him in accordance with the provisions of rule14 in favour of any person or persons subsists, the amount standing to his credit in the Fund or part thereof to which the nomination relates, shall become payable to his nominee or nominees in the proportion specified in the nomination.

30 Dismissal, resignation and cessation of service.-(1) If any subscriber is dismissed from the service of the Authority for any fault or other cause justifying dismissal, he shall not be entitled to receive, unless permitted to do so by the trustees, the sums contributed by the Authority to his provident fund account or any interest credited to that account on the sums so contributed:

Provided that when any subscriber is so dismissed, any amount due under a liability incurred by the subscriber to the Authority (not exceeding in any case the sums so contributed by the Authority and interest thereon) shall be paid by the Board out of the sum standing to the credit of the subscriber‟s account.

(2) When a subscriber, who has been appointed by the Authority to its cadres resigns or retires from the service of the Authority, he shall, if he has served the Authority for a period of five years or more or in the case he has been appointed on contract for a fixed term or appointed under a statute for a fixed term and has served the Authority for one year or more, be entitled to receive the balance at his credit in the fund:

Provided that when any subscriber resigning or retiring from the service of the Authority is under a liability incurred by him to the Authority, the trustee shall irrespective of the duration of his service pay the Authority out of the balance at his credit in the fund any amount due by him to the Authority (not exceeding in any case the sums contributed by the 31 Authority to his account in the fund and any interest credited to his account on the sums so contributed.).

(3) If any subscriber ceases to serve the Authority before completion of a service of five years in case of any appointment other than appointment on contract or one year in case of appointment on contract, as the case may be, in terms of sub-rule 2 with the Authority he shall be entitled to receive only the amount of his own subscriptions to the fund with the interest credited thereon to the date of his severing his connection with the Authority.

(4) No subscriber shall be entitled to receive payment of any share of the contribution of the Authority to the fund until he shall have served the Authority for a period of five years in case of any appointment other than appointment on contract or one year in case of appointment on contract in terms of sub rule2 notwithstanding that a share thereof may have been credited to his account in the books of the fund, but the trustees may in their absolute discretion authorise such payment if a subscriber is compelled to retire before completing five years‟ service owing to any cause beyond his control.

Where this provision sits

ActThe Telecom Regulatory Authority of India (Contributory Provident Fund) Rules, 2003.
Section29
Marginal noteProcedure on death of a subscriber
JurisdictionCentral
StatusIn force as published by the source

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