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Section 35: Validation of contribution to the contribution made by the Authority and the subscriber, etc

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

Notwithstanding anything contained in these rules, the contribution to the Contributory Provident Fund made by the Authority and the subscriber and the amounts credited to the suspense account before commencement of these rules shall be deemed to have been made to the Fund and amounts credited to such account under these rules.

36

SCHEDULE I [See rule 14 (1)] FORM OF NOMINATION Account No……………….

I ……………………….…....hereby nominate the person(s) mentioned below who is/are member(s)/non-member(s) of my family as defined in clause (j) of sub-rule (1) of rule 2 of the of Telecom Regulatory Authority of India (Contributory Provident Fund) Rules, 2003, to receive the amount that may stand to my credit in the Fund as indicated below, in the event of my death before that amount has become payable or having become payable has not been paid.

Name and address of the nominees

(s) Relationship with the Subscriber Age of the nominee(s) Share payable to each nominee Contingencie s on the happening of which the nomination will become invalid Name, address and relationship of the person(s) if any to whom the right of nominee shall pass in the event of his/her pre-deceasing the Subscriber If the nominee is not a subscriber of the family as defined in clause (j) of subrule (1) of rule 2, indicate the reasons

(1) (2) (3) (4) (5) (6) (7) Dated this ………………………….day of 200 ……at ………………………………… Signature of the Subscriber…………………… Name in Block letters …………………….

Designation…………………………………… Two witness of signature Name and address Signature

1.

2.

37 (Reverse of the form) Space for use by Telecom Regulatory Authority of India/Board Nomination by Shri/Smt./Kumari ………………………..Designation…………………… Date of receipt of nomination …………………………..

Signature of Senior Research Officer (Administration and Legal) Secretary of Board……………………………… Date……………………………………… Instructions for the Subscriber –

(a) Your name may be filled in

(b) Name of the fund may be completed suitably.

(c) Definition of term “family” as given in the Telecom Regulatory Authority India (Contributory Provident Fund) Rules, 2003 is reproduced below:- Family means-

(i) in the case of a male subscriber, his wife or wives children, parents, minor brothers, unmarried sisters, deceased son‟s widow and children and where no parent of the subscriber is alive, a paternal grant parent:

Provided that if a subscriber proves that his wife has been judicially separated from him or has ceased under the personal law governing him or the customary law of the community to which she belongs to be entitled to maintenance, she shall no longer be deemed to be a part of the subscriber‟s family in the matter to which these rules relate, unless the subscriber subsequently intimates in writing to the Secretary that she shall continue to be so regarded.

(ii) in the case of a female subscriber, her husband, parents, children, minor brothers, unmarried sisters, deceased son‟s widow and children and where no parent of the subscriber is alive, a paternal grand parent.

38

Provided that if a subscriber by notice in writing to the Secretary expresses her desire to exclude her husband from the family, the husband shall henceforth be deemed to be no longer a subscriber of the her family in the matter to which these rules relate, unless the subscriber subsequently cancels such notice, in writing.

NOTE: „Child‟ means legitimate child and includes an adopted child where adoption is recognised by the personal law governing the subscriber or a ward under the Guardians and Wards Act, 1890 (8 of 1890), who lives with the subscriber and is treated as a member of the family and to whom the subscriber has, through a special will, given the same status as that of a natural born child.

(d) Column (4) If only one person is nominated the words “in full” should be written against the nominee. If more than one person is nominated, the share payable to each nominee over the whole amount of the Provident Fund shall be specified.

(e) Column(5) Death of nominee(s) should not be mentioned as contingency in this column.

(f) Column(6) do not mention your name.

(g) Draw line across the blank space below last entry to prevent insertion of any name after you have signed.

--- 39

SCHEDULE II (see rule 21) (AUTHORITIES COMPETENT TO GRANT TEMPORARY ADVANCES)

1. An advance for the grant of which special reasons are not required under sub rule (2) of rule 21 may be sanctioned by the authority competent to grant an advance of pay on transfer under rule 222 of the General Financial Rules, 1963, or if the applicant is competent to sanction the advance of pay to himself on transfer, by the administrative authority next higher to the applicant.

2. An advance for grant of which special reasons are required under sub rule (2) of rule21 may be sanctioned by Secretary of Telecom Regulatory Authority of India.

[F. No. 10/17/99-TCO] (P.K. Tiwari) Deputy Secretary (Restg.)

4546 GI/2017 (1) REGD. NO. D. L.-33004/99 EXTRAORDINARY II— — (i)

PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY 662] No. 662] NEW DELHI, THURSDAY, JULY 27, 2017/SRAVANA 5, 1939 सचंार मतं्रालय (दरूसचंार विभाग) अविसचूना नई ददल् ली, 26 जुलाई, 2017 सा.का.वन. 963(अ).—केन्द्रीय सरकार, भारतीय दरूसचंार विवनयामक प्राविकरण अविवनयम, 1997 (1997 का 24) की िारा 35 की उप-िारा (2) के खंड (ग क) द्वारा प्रदत्त शवियों का प्रयोग करते हुए, भारतीय दरूसंचार विवनयामक प्राविकरण (अंशदायी भविष् य वनवि) वनयम, 2003 में संशोिन करने के वलए वनम्नवलवखत वनयम बनाती हैं, अर्ाातः—

(1) सवंिप् त नाम और प्रारम्भ.—

(1) इन वनयमों का संविप्त नाम भारतीय दरूसंचार विवनयामक प्राविकरण (अंशदायी भविष् य वनवि) (संशोिन) वनयम, 2017 ह।ै

(2) ये राजपत्र में प्रकाशन की तारीख से प्रिृत्त होंगे।

(2) भारतीय दरूसंचार विवनयामक प्राविकरण (अंशदायी भविष् य वनवि) वनयम, 2003, के वनयम 13 के उपवनयम

(1) में, खंड (ख) के पश् चात वनम् नवलवखत परंतकुो अंतःस्र्ावपत दकया जाएगा; अर्ाात :— ‘‘परन्द्तु प्राविकरण के तारीख 1 जनिरी, 2004 को या उसके पश् चात वनयुक् त कमाचाररयों (अध् यि और सदस् यों के अलािा) पर इन वनयमों में वनवहत कुछ भी लागू नहीं होगा। 2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] परन्द्तु यर और दक प्राविकरण के तारीख 1 जनिरी, 2004 को या उसके पश् चात वनयुक् त कमाचाररयों (अध् यि और सदस् यों के अलािा) को पेंशन वनवि विवनयामक एिं विकास प्राविकरण अविवनयम, 2013 (2013 का 23) के उपबंिो के अिीन विवनयवमत राष् रीय पेंशन प्रणाली द्वारा शावसत दकया जाएगा। [फा. सं.10-32/2011-पुनगाठन] अवमत यादि, सयुंि सवचि (प्रशासन) नोट : मूल वनयम, भारत के राजपत्र में तारीख 10 अपै्रल, 2003 के जी.बी.एम, 333(अ) द्वारा प्रकावशत दकए गए र्े। MINISTRY OF COMMUNICATIONS (Department of Telecommunications) NOTIFICATION New Delhi, the 26th July, 2017 G.S.R. 963(E).—In exercise of the powers conferred by clause (ca) of sub-section (2) of section 35 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), the Central Government hereby makes the following rules to amend the Telecom Regulatory Authority of India (Contributory Provident Fund) Rules, 2003, namely;—

(1) Short title and commencement.—

(1) These rules may be called the Telecom Regulatory Authority of India (Contributory Provident Fund) (Amendment) Rules, 2017.

(2) They shall come into force from the date of their publication in the Official Gazette.

(2) In the Telecom Regulatory Authority of India (Contributory Provident Fund) Rules, 2003, in rule 13 in sub-rule (1), after clause (b), the following provisos shall be inserted, namely:— “Provided that nothing contained in these rules shall apply to the employees of the Authority (except Chairperson and members) appointed on or after the 1 st day of January, 2004.

Provided further that the employees of the Authority (except Chairperson and members) appointed on or after the 1 st day of January, 2004 shall be governed by the National Pension System regulated under the provisions of the Pension Fund Regulatory and Development Authority Act, 2013 (23 of 2013).

[F. No. l0-32/2011-Restg.]

AMIT YADAV, Jt. Secy. (Admin) Note : The principal rules were published in the Gazette of India vide G.BM, 333(E), dated 10 th April, 2003.

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

Where this provision sits

ActThe Telecom Regulatory Authority of India (Contributory Provident Fund) Rules, 2003.
Section35
Marginal noteValidation of contribution to the contribution made by the Authority and the subscriber, etc
JurisdictionCentral
StatusIn force as published by the source

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