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Section 32: Manner of payment of amount in the Fund

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

(1) When the amount standing to the credit of a subscriber in the Fund or the balance thereof after any deduction under rule 31 becomes payable, it shall be the duty of the Secretary after satisfying himself when no such deduction has been directed under that rule, that no deduction is to be made, to make payment on receipt of a written application in this behalf as provided in sub-rule(3).

(2) If the person to whom, under these rules, any amount is to be paid, assigned or reassigned or delivered, is a lunatic for whose estate a manager has been appointed in this behalf under the Indian Lunacy Act 1912, the payment or reassignment or delivery shall be made to such manager and not to the lunatic:

Provided that where no manager has been appointed and the person to whom the sum is payable is certified by a Magistrate to be a lunatic, the payment shall under the orders of the Collector be made in terms of sub-section (1) of section 95 of the Indian Lunacy Act, 1912, to the person having charge of such lunatic and the Secretary shall pay only the amount which he thinks fit to the person having charge of the lunatic and the surplus, if any, or such part thereof, as he thinks fit, shall be paid for the maintenance of such members of the lunatic‟s family as are dependent on him for maintenance.

(3) Payments of the amount withdrawn shall be made in India only. The persons to whom the amounts are payable shall make their own arrangements to receive payment in India. The following procedure shall be adopted for claiming payment by a subscriber, namely :- 33

(i) to enable a subscriber to submit an application for withdrawal of the amount in the Fund, the Senior Research Officer (Administration and Legal), of the Authority, shall send to every subscriber necessary forms either one year in advance of the date on which the subscriber attains the age of superannuation, or before the date of his anticipated retirement, if earlier, with instructions that they should be returned to him duly completed within a period of one month from the date of receipt of the forms by the subscriber. The subscriber shall submit the application to the Secretary of the Board through the Senior Research Officer (Administration and Legal), of the Authority, for payment of the amount in the Fund. The application shall be made,- (A) for the amount standing to his credit in the Fund as indicated in the Accounts Statement for the year ending one year prior to the date of his superannuation, or his anticipated date of retirement, or (B) for the amount indicated in his ledger account in case the Accounts Statement has not been received by the subscriber.

(ii) the Senior Research Officer(Administration and Legal) of the Authority shall forward the application to the Secretary indicating the recoveries effected against the advances which are still current and the number of installments yet to be recovered and also indicate the withdrawals, if any, taken by the subscriber after the period covered by the last statement of the subscriber‟s account sent by the Secretary.

(iii) the Secretary shall, after verification with the ledger account, issue an authority for the amount indicated in the application at least a month before the date of superannuation but payable on the date of superannuation.

(iv) the authority mentioned in clause (iii) shall constitute the first installment of payment.

A second authority for payment shall be issued as soon as possible after superannuation. This shall relate to the contribution made by subscriber subsequent to the amount mentioned in the application submitted under clause( i) plus the refund of installments against advances which were current at the time of the first application.

(v) after forwarding the application for final payment to the Secretary, advance or withdrawal may be sanctioned but the amount of advance or withdrawal shall be drawn on an authorization from the Secretary who shall arrange this as soon as formal sanction of sanctioning authority is received by him.

34

33. Deposit Linked Insurance Scheme - On the death of a subscriber, the person entitled to receive the amount standing to the credit of the subscriber shall be paid by the Secretary an additional amount equal to the average balance amount of subscription and interest thereon at the credit in the account during the three years immediately preceding the death of such subscriber, subject to the condition that –

(a) the balance representing subscription with interest thereon at the credit of such subscriber shall not at any time during the three years preceding the month of death have fallen below the limits of –

(i) Rs.12,000 in the case of a subscriber who has held, for the greater part of the aforesaid period of three years, a post the maximum of. the pay scale of which is Rs.4,000 or more;

(ii) Rs.7,500 in the case of a subscriber who has held for the greater part of the aforesaid period of three years, a post the maximum of the pay scale of which is Rs 2,900 or more but less than Rs. 4,000;

(iii) Rs.4,500 in the case of a subscriber who has held fo the greater part of the aforesaid period of three years, a post the maximum of the pay scale of which is Rs.1,151 or more but less than Rs. 2,900;

(iv) Rs.3,000 in the case of a subscriber who has held for the greater part of the aforesaid period of three years, a post the maximum of the pay scale of which is less than Rs, 1,151;

(b) the additional amount payable under this rule shall not exceed Rs.30,000;

(c) the subscriber has put in at least 5 years service at the time of his or her death.

NOTE 1 - The average balance shall be worked out on the basis of the balance at the credit of the subscriber at the end of each of the 36 months, preceding the month in which the death occurs. For this purpose, as also for checking the minimum balance prescribed above --

(a) the balance at the end of March, shall include the annual interest credited in terms under rule17; and 35

(b) if the last of the aforesaid 36 months is not March, the balance at the end of said last month shall include interest in respect of the period from the beginning of the financial year in which death occurs to the end of the said last month.

NOTE 2 – In case of persons appointed on tenure basis and in the case of re-employed pensioners, service rendered from the date of such appointment on re-employment , as the case may be, only shall count for purposes of this rule.

NOTE 3 – Revised rates based on Fifth Pay Commission not available. The pay-scale shown are pre-revised pay-scales.

34. Relaxation of the provisions of the rules in individual cases - When the Chairperson is satisfied that the operation of any of these rules causes or is likely to cause undue hardship to a subscriber, he may, notwithstanding anything contained in these rules, deal with the case of such subscriber in such manner as may appear to it to be just and equitable.

Where this provision sits

ActThe Telecom Regulatory Authority of India (Contributory Provident Fund) Rules, 2003.
Section32
Marginal noteManner of payment of amount in the Fund
JurisdictionCentral
StatusIn force as published by the source

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