1 Name of the Fund and its Scope:
The Fund shall be called "Satluj Jal Vidyut Nigam Limited Employees' Provident Fund". It will cover all employees of the Company working at any place in India.

2 Definition:
In these Rules, unless there be something repugnant in the subject or context:-

1. 'Act' means the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (Act No.19 of 1952);

2. 'Apprentice' means a person who, according to the certified Standing Orders applicable to the Company, is an apprentice, or who is declared to be an apprentice by the authority specified in this behalf by the appropriate Government;

3. 'Basic Wages' means all emoluments which are earned by an employee while on duty or on leave with wages in accordance with the terms of the contract of employment and which are paid or payable in cash to him, but does not include:

1. The cash value of any food concession:

2. Any dearness allowance (that is to say, all cash payments by whatever name called paid to an employee on account of rise in the cost of living), House Rent Allowance, Overtime Allowance, Bonus, Commission or any other similar allowance payable to the employee in respect of his employment or of work done in such employment;

3. Any presents made by the employer;

4. 'Board' means the Board of Trustees;

5. 'Chairman' means the Chairman of the Board of Trustees;

6. 'Commissioner' means a Commissioner for Employees' Provident Fund appointed under Section 5-D of the Act and includes a Deputy Provident Fund Commissioner and a Regional Provident Fund Commissioner;

7. 'Company' means Satluj Jal Vidyut Nigam Limited;

8. 'Continuous Service' means uninterrupted service with the Company and includes service which is interrupted by sickness, accident, authorized leave, strike which is not illegal or cessation of work not due to the employee's fault;

9. 'Contribution' means a contribution payable in respect of member under the scheme or the contribution payable in respect of an employee to whom the Insurance Scheme applies.

10. 'Children' means legitimate children and includes adopted children, if the Trustees are satisfied that under the personal law of the member, adoption of a child is legally recognized;

11. 'Employee' means any person who is employed for wages in any kind of work manual or otherwise in or in connection with the work of the Company and who gets his wages directly or indirectly from the employer and includes any person,

1. Employed by or through a contractor in or in connection with the work of the Company.

2. Engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961(52 of 1961) or under the standing orders of the Company

11. 'Employer' means in relation to an establishment which is an organization, the Board of Directors of the Satluj Jal Vidyut Nigam Limited. including the agent, the Legal representatives of the Board of Directors, & where a person has been nominated as a representative of Board of Directors, & in relation to any other similar establishment/organization, the person who or the authority which as the ultimate control over the affairs of the organization & where the said affairs are entrusted to representative of the Board of Directors.

12. 'Excluded Employee' means -

1. An employee who, having been a member of the Fund, withdrew the full amount of his accumulation in the Fund, under the rules governing final settlement of accounts in respect of superannuation or migration for permanent settlement abroad;

2. An employee whose pay at the time he is otherwise entitled to become a member of the Fund, exceeds Rs.6500/- per month. ‘Pay’ includes basic wages with Dearness Allowance, Cash Value of Food Concession (if any) and Retaining Allowance (if any);

3. An apprentice;

13. 'Family' means -

1. In the case of a male member, his wife, his children, whether married or unmarried and his dependant parents and his deceased son's widow and children;   
   
   Provided that if a member proves that his wife has ceased, under the personal law governing him or the customary law of the community to which the spouses belong, to be entitled to maintenance, she shall no longer to deemed to be a part of the member's family for the purpose of these Rules, unless the member subsequently intimates by express notice in writing to the Secretary that she shall continue to be so regarded; and

2. In the case of a female member, her husband, her children, whether married or unmarried, dependant parents, her husband's dependant parents and her deceased son's widow and children;   
   
   Provided that if a member by notice in writing to the Secretary expresses her desire to exclude her husband from the family, the husband and his dependant parents shall no longer he deemed to be a part of the member's family for the purpose of these Rules, unless the member subsequently cancels in writing any such notice;   
   
   Explanation:  
   In either of the above two cases, if the child of a member or as the case may be, the child of a deceased son of a member has been adopted by another person and if, under the personal law of the adopter, adoption is legally recognized, such a child shall be considered as excluded from the family of the member;

14. 'Financial year' means the year commencing on the 1st day of April;

15. 'Fund' means Satluj Jal Vidyut Nigam Limited Employees' Provident Fund, i.e. Provident Fund establishment under these rules.

16. 'Member' means an employee who is required, under these rules to subscribe to the Fund, and shall include such other persons to whom the Employees Provident Fund scheme may be extended.

17. 'Secretary' means the Secretary of the Board of Trustees;

18. 'Trustee' means a member of the Board of Trustees;

19. 'Exempted Employee' means an employee to whom a scheme or the Insurance Scheme, as the case may be would, but for the exemption granted under Section 17 of the Act, have applied;   
    
    s.  'Scheme' means the Employees' Provident Funds Scheme framed under Section 5 of the Act;

20. 'Exempted Establishment' means an establishment in respect of which an exemption has been granted under Section 17 of Act from the operation of all or any of the provisions of any Scheme or the Insurance Scheme, as the case may be, whether such exemption has been granted to the establishment as such or to any person or class of persons employed therein;

21. 'Factory' means any premises, including the precincts thereof , in any part of which a manufacturing process is being carried on or is ordinarily so carried on, whether with the aid of power or without the aid of power;

22. 'Family Pension Fund' means the Family Pension Fund established under the Family Pension Scheme;  
    
    v.  'Family Pension Scheme' means the Employees' Family Pension Scheme framed under Section 6-A of the Act;

23. 'Insurance Fund' means the Deposit Linked Insurance Fund established under Sub-section (2) of Section 6-C of the Act;  
    
    w.  'Insurance Scheme' means the Employees' Deposit Linked Insurance Scheme framed under Sub-section (1) of Section 6-C of the Act;

24. 'Government Security' shall have the meaning assigned to it in the Public Debt Act, 1944 (18 of 1944)

25. 'Quarter' means a period of three months commencing on the first day of January, the first day of April, the first day of July and the first day of October of each year.  
    
    y.  ‘Inspector’ means a person appointed as such under Section 13 of the Act;

26. All other words and expressions not defined herein-above shall have the meaning respectively assigned to them in the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and the Employees' Provident Funds Scheme, 1952.

3 Fund constituted under an Irrevocable Trust:
The fund shall be constituted under a Trust which shall be irrevocable, save with the consent of all the beneficiaries. No moneys belonging to the Fund in the hands of the Trustees shall be recoverable by the Company under any pretext whatsoever nor shall the Company have any lien or charge of any description on the same, save as herein provided.

4 Management

1. The custody, control and management of the Fund shall be vested in a Board of Trustees constituted under the Rules of the Fund.
2. The Board of Trustees shall consist of:

• Three representatives of the Company: &
• Three representatives of the Employees.

3. Three representatives at (ii) (a) above shall include the Manager-Finance at the Corporate Office, New Shimla to be nominated as Chairman of the Board of Trustees and the Accounts Officer in charge of Provident Fund Accounts who will be Secretary of the Board. Remaining one representative will be nominated by the employer.

5i) Election of Employee' Representatives:
The three representatives of the employees shall be elected by the members of the Fund in an election. Election will be held on any working day.

Provided that where there is a recognized Union under the Code of Discipline or under any Act, such Union shall nominate the employees' representatives.

Provided further that where there is no recognized Union under Code of Discipline or under any Act and more than one registered unions are functioning, only the union with the largest number of members but with a minimum of 15% membership shall have the right to nominate the employees' representatives and in case there is only one recognized Union functioning, it shall have the right to nominate the employees' representatives on the Board of Trustees if it has a minimum of 15% membership.

ii) Qualification of candidates for Election:
Any employee of the establishment who is a member of the Fund and who is not less than 21 years of age may, if nominated as hereinafter provided, be a candidate for election as an employees' representative. An outgoing Trustee shall be eligible for re-election or re-nomination as the case may be.

iii) Procedure for Election:
The employer shall appoint a Returning Officer and fix a date for receiving nominations by him from the candidates for election as employees' representatives. The employer shall also fix a date for withdrawal of nomination and the date of election which shall not be earlier than three days or later than ten days after the closing of the date for withdrawal of nominations. The dates so fixed shall be notified to the members at least seven days in advance. The notice shall be affixed on the Notice Board of the establishment. The notice shall also specify the number of seats to be filled by the employees' representatives. A copy of such notice shall also be sent to the registered Trade Union or unions concerned in the establishment and to the Regional Provident Fund Commissioner. The Election Notice and Procedure should be published/conducted in the Regional Language besides in English. A copy of such notice and procedure shall be sent to the Commissioner/Regional Provident Fund Commissioner concerned.

iv) Nomination of candidates for Election:
Every nomination of candidate for Election shall be made in the Form annexed to these Rules (Annexure-I). Each such nomination shall be signed by a Proposer and a Seconder who are members of the Fund and attested by another member of the Fund. The member so nominated shall also sign the form signifying his acceptance of the nomination. This form, duly completed, should reach the Returning Officer on or before the closing date fixed for receiving the nominations.

v) Scrutiny of Nomination Papers:
The returning Officer shall scrutinize the nomination papers so received on the next working day following the last day fixed for nominations. The candidate or his representative may be present, if they so desire. Incomplete/invalid nomination papers shall be rejected. Any candidate whose nomination is held valid can withdraw before the date fixed for withdrawal.

vi) Voting in Election:

1. If the number of candidates who have been validly nominated is equal to the number of seats, the candidates shall forthwith be declared duly elected.
2. If the number of candidates is more than the number of seats, election will be conducted by the Returning Officer and voting shall take place on the date fixed for election.
3. The election shall be conducted in the presence of an officer, if deputed by the Regional Provident Fund Commissioner, to whom a formal intimation will be sent about such election.
4. Every member of the Fund shall have as many votes as there are seats to be filled on the Board. Provided that each such member shall be entitled to cast only one vote in favour of any one candidate.
5. The voting shall be by secret ballot.

6. Terms of Office:
The term of office of the Trustees, shall be five years commencing from the date of their nomination/election, provided that any such Trustee shall, notwithstanding the expiry of the said period of five years, continue to hold office until the new Board of Trustees assumes charge.

7 Charge of Trustees:

1. In the event of a Trustee resigning his office or a Trustee being unable to continue in office consequent upon death, retirement, resignation from service, transfer or otherwise, his vacancy shall be filled in the manner laid down hereunder and any Trustee nominated/elected for filling of casual vacancies in such an event shall hold office for the remainder of the term of office of the Trustee in whose place he is so nominated/elected.

2. Filling of Casual Vacancies: 
   In the event of Trustees elected or nominated ceasing to be a Trustee during the tenure of the Board, his successor shall be elected or nominated, as the case may be in the manner, herein before provided for election or nomination.

8 Resignation:
A Trustee may resign from his office by letter in writing addressed to the Chairman and his office shall fall vacant from the date on which his resignation is accepted by the Board.

9 Cessation and Restoration of Trusteeship:
A Trustee ceases to be on the Board, if he-

1. ceases to be an employee of the establishment; or

2. ceases to be a member of the Fund; or

3. is a nominee of a representative or recognized union and such union ceases to be representative or recognized; or

4. incurs any of the disqualifications mentioned in Rule 10; or

5. fails to attend three consecutive meetings of the Board without obtaining leave of absence from the Chairman. Provided that the Chairman may restore him to Trusteeship if he is satisfied that there were reasonable grounds for such absence.

9(A) Reference to Regional Provident Fund Commissioner:
In case of any dispute or doubt the matter shall be referred to Regional Provident Fund Commissioner. His decision in the matter shall be final and binding.

10 Disqualification for Trusteeship:
A) A person shall be disqualified for being a Trustee;

• if he is declared to be of unsound mind by a competent court; or
• if he is an un-discharged insolvent; or
• if he has been convicted of an offence involving moral turpitude.

B) If any question arises whether any person is disqualified under Sub-rule (A) above, it shall be referred to the Head of the Personnel Department, Corporate Office whose decision shall be final.

11(A) Control of the Fund:

I. The Board of Trustees shall have control of the Fund and shall delegate powers to the Trustee or officials of the estt. For performance of various function on its behalf under these rules. The Board shall also decide all differences and disputes which may arise under these rules either as to the interpretation thereof as to the right and obligations of the establishment and or of the members and the decision of the majority of the trustees shall be in all cases final and binding on all the parties concerned. In the even of an equality of votes the Chairman shall have a casting vote. If any such decision of the board be deemed prejudicial to the interest of the members, the matter shall be referred to the Regional Provident Fund Commissioner, whose decision in the matter shall be final & binding.

II. The Board of Trustees may remove from office any trustees of the Board-

1. If in its opinion such trustee or member has ceased to represent the interest which he purports to represent on the Board: or

2. If he is an employer and has defaulted in the payment of any dues to the fund. Provided that no such Trustee shall be removed from office unless a reasonable opportunity is given to such trustee and the body whom he represent, of making any representation against the posed action.

III.  a) Before a trustee leaves India:

1. he shall intimate to the Chairman of the Board of Trustee of the date of his departure from and expected return to India: or
2. If he intends to absent himself for a period longer than six months, he shall tender his resignation.

2. If any trustee leaves India for a period of six months or more without intimation to the Chairman of the Board of Trustees, he shall be deemed to have resigned from the Board of Trustees.

IV. a) If a trustees is unable to attend any meeting of the Board of Trustees, he may, by a written instrument singed by him, addressed to the Chairman of Board of Trustees and explaining the reasons for his inability to attend the meeting of the Board of Trustees in his place. Provided that no such appointment shall be valid unless;

1. Such appointment has been approved by the Chairman of the Board of Trustees; and
2. The instrument making such appointment has been received by the Chairman of the Board of Trustees at least seven days before the date fixed for meeting.

2. A substitute validly appointed under sub-rule(a) shall have all the rights and powers of a trustee in relation to the meeting of the Board of Trustees, in respect of which he is appointed.

3. A trustee appointing a substitute for attending any meeting of the Board of Trustees, shall, notwithstanding anything contained in this rule, continue to be liable for the misappropriation or misapplication of the fund by the substitute and shall also be liable for any act of misfeasance or nonfeasance committed in relation to the Fund by the substitute appointed by him.

V. a) The minutes of the meeting of the Board of Trustees showing Inter-alia the names of the Trustees of the Board present there at shall be circulated to all trustees present in India not later than three days from the date of meeting. The minutes shall thereafter be recorded in Minutes Book as a permanent record.

Provided that if another meeting is held within a period of three days, the minutes shall be circulated so as to reach the trustees before such meeting.

b) The records of the minutes of each meeting shall be signed by the Chairman after confirmation with such modifications, if any, as may be considered necessary at the next meeting.

11(B) Trustees' Power to employ any person for Management:
The Board of Trustee shall have power to employ any person or persons (including any one or more of the Trustee or the members) to do any secretarial, legal, accountancy or other work which they may consider necessary or expedient in connection with the management of the Fund or funds thereof.

12(A) Guide Lines for Board of Trustee:
1. The Trustees when elected should ensure that there is a proper trust-deed registered.

2. The Board of Trustees shall meet atleast once in every three months.

3. No business shall be transacted at a meeting of the Board of Trustees unless at least four Trustees of the Board are present, of whom at least one should be from employee’s side and one should be from the employer’s side.

4. Monthly return submitted to the Regional Commissioner should be placed before the meeting for scrutiny of ht trustees. The trustees attending the meeting should affix their signatures as proof of their scrutiny. Their views on the returns should be recorded in the minutes of the meeting.

5. The trustees should ensure that the rules of exempted provident fund must require approval of all loans by at least two trustees and in case of a large organization with major plants/offices in different locations, the trustees may be allowed to delegate approval of loans to two managers one of whom may be a personal/labour officer(and in his absence Accounts Officer). Such delegations should be by name of the manager/officer is well informed and kept advised about applicable regulations.

6. Similarly settlement of accounts (including transfer of accumulations to another provident fund) should require authorization of at least tow trustees. All settlements should be specifically checked by the auditors of the Fund.

7. The Board of Trustees, wherever the amount of provident fund has not been transferred by the employers to the board of trustees shall pass a resolution to the effect & forward it to the employer & the Regional Provident Fund Commissioner.

8. The Trustees should examine if the amount shown as transferred in the return has in effect been transferred and credited to the Bank account of the Fund. Specific mention of this scrutiny and findings should be recorded in the minutes of the meeting.

9. The Trustees should also ensure whether the amount shown as invested in the last monthly return has in effect been invested and record a certificate to that effect in the minutes.

10. Once in every year the securities should be recorded and scrutinized by the trustees and their findings should be recorded in the minutes of the meetings.

11. The report of the Provident Fund Inspector and the correspondences relating to the trust funds between the employer and the Regional Provident Fund Commissioner should be placed before the meeting of Trustees and their views recorded in the minutes.

12. Within six months of the close of financial year the employer should place the Audited Balance Sheet of the trust before the trustees.

13. The trustees shall, before the close of the financial year declare the rate of interest for succeeding year.

14. Alongwith the Balance Sheet the Chairman should also furnish an annual report to the trustees for their consideration and adoption.

15. The Balance Sheet and the Annual Report, after their approval by Trustees, should be forwarded to the concerned Regional Provident Fund Commissioner, Recognized Union/Association of Employees.

16. All complaints received from the subscribers should be examined by the Board of Trustees.

17. The Board of Trustees shall fix a grievance day once in a month.

18. The Board of Trustees shall have a separate Notice Board of their own and display important decisions, amendments etc. on it. Wherever non-transfer/non-investment occur the same should be displayed for the knowledge of the subscribers.

19. The Board of Trustees shall periodically review the issuance of Annual Statement of Accounts, settlement of claims, Sanction of Advances, etc.

20. The annual report shall contain the followings:-

1. The total number of employees of the establishment in each category of work at the beginning of the year fresh recruitment made/number of employees left during the year. The total number of subscribers at the beginning of the year, the additions during the year and the total number of subscribers at the close of the year.

2. The names, addresses of the Board of Trustees.

3. Total amount of accumulation in the trust with figures at least for the past two years.

4. Total amount transferred to the fund (with figures of the last year).

5. The rate of interest and total amount of interest debited/credited to the fund.

6. Investments made during the year:- 
   Details of the securities to be shown.

7. Claims settled and rejected with the amount sanctioned loan application sanctioned/rejected and the amount distributed.

8. Balance Sheet, Income and expenditure Account.

9. Constitution/re-constitution of the Board of Trustees, Number of meeting held during the year and salient decisions.

10. Whether the monthly/annual returns etc. have been submitted to the Regional Provident Fund Commissioner in time or not. If no, reasons for the same.

11. A statement to the effect as to whether all the conditions of exemption have been complied with.

12. The Jurisdiction and explanation of the Board in respect of qualifying remarks given by the Auditors.

13. he number of applications for transfer of accounts and their disposal.

14. The position regarding issuance of Annual Statement of Accounts. The arrears, if any, and the reasons for the same.

15. The number of inspections carried out and the salient remarks if any.

21. The annual report and accounts the Provident Fund Trust should be exhibited on Notice Boards of all offices and factories for a minimum period of 30 days.

22. The Provident fund money kept aside for obligatory payment towards settlement of claims and grant of advances to the members may be kept deposited in the Saving Account opened in any scheduled Bank in the name of the fund to be operated jointly by two trustees authorized by the Board, one of them being the employees, representative.

12 (B) Trustees' Power to operate Bank Account:
Any two Trustees, including one representing the employees, acting jointly, shall on behalf of the Board of Trustees, operate on the accounts of the Fund with banks and discharge, receive or otherwise dispose of, as may be necessary, Government Securities, Interest Warrants etc. relating to the Fund and shall, on behalf of the Board, re-assign to members in accordance with the Rules mentioned hereinafter Life Insurance Policies which the member might have assigned to the Board as security for payment of withdrawals from the Fund.

13(A) Bankers of the Fund
The Bankers of the Fund shall be the Canara Bank & State Bank of India or such other scheduled Bank that may be selected by the Board of Trustees from time to time and all moneys deducted by the estt. from the monthly emoluments of the members and all moneys paid by the estt. as its contribution to the fund shall be paid into the Fund’s Savings Bank Account with the said Bank/Banks. The name of the said account with the said Bank Shall be Satluj Jal Vidyut Nigam Limited Employees Provident Fund. Withdrawal from this account shall be by cheques, which shall in respect of each cheque, be signed by two trustees, one of whom must be representative of the employees.

13(B) Investment:
The moneys of the fund not immediately required by the Board of Trustees shall be invested by the Board of Trustees shall be invested by the Board in the following pattern prescribed by the Govt. of India from time to time. The pattern of investment applicable from 01.10.96 is as follows:

2. Any money received on the maturity of earlier investments reduced by obligatory outgoing shall be invested, in accordance with the investment pattern prescribed in this Notification.

3. In case of any instruments mentioned above being rated and their rating falling below investment grade and the same rating has been confirmed by two credit rating agencies then the option of exit can be exercised.

4. The investment pattern as envisaged in the above paragraphs may be achieved by the end of a financial year, and shall come into force with immediate effect.

5. The manner of investment specified in this Sub- rule shall apply to the aggregate amount of investible moneys with the Fund in the previous year.

6. All expenses incurred in respect of, and loss, if any, arising from any investment shall be charged to Fund.

7. The Board of Trustees shall invest the moneys in the fund as per directions that may be given by the Government from time to time. The securities shall be obtained in the name of the Board of Trustees and shall be kept in the safe custody of a schedule bank.

14. Power of Trustees for Sale and Hypothecation etc. of the Investments:

The Board of Trustees may from time to time, as and when necessary, raise such sum or sums as may be required for the purposes of the Fund by sale, hypothecation or pledge of the investments held by them or of a sufficient part thereof.

15 Receipts for Moneys Received by Trustees:
Receipt for moneys received by the Trustees and endorsements on cheques, drafts and other documents, received by the Trustees shall be made by the Secretary for and on behalf of the Trustees.

16 Meetings:

1. The Board of Trustees shall meet at such place and time as may be decided by the Chairman. Meeting of the Board of Trustees shall be held once in every year.

2. The Secretary may, whenever he thinks fit, and shall within fifteen days of the receipt of a requisition in writing from not less than three members of the Board, call a meeting thereof.

17 Notice of Meeting and list of Business:
Notice of not less than seven days, containing the date, time and place of every ordinary meeting together with a list of business to be conducted at the meeting, shall be sent to each Trustee:

Provided that when the Secretary, with the approval of the Chairman, calls a meeting for considering any matter which in his opinion is urgent, a notice giving such reasonable time as he may consider necessary, shall be deemed sufficient.

18 Chairman to preside at Meetings:
The Chairman shall preside at every meeting of the Board at which he is present. If the Chairman is absent on any occasion, the Trustees present shall elect one of them to preside over the meeting and the Trustee so elected shall exercise all powers of the Chairman at the meeting.

19 Quorum:

1. No business shall be transacted at a meeting of the Board of Trustees unless four Trustees – two each representing the employer and the employees - of the Board of Trustees are present.

2. If at any meeting the number of Trustees present is less than the required quorum, the Chairman of the Board shall adjourn the meeting to a date not later than seven days from the date of the original meeting, informing the Trustees of the date, time and place of the adjourned meeting and it shall thereupon be lawful to dispose of the business at such adjourned meeting irrespective of the number of Trustees present.

20 Disposal of Business:
Every question considered at a meeting of the Board shall be decided by a majority of the votes of the Trustees present and voting. In the event of an equality of votes, the Chairman shall have a casting vote;

Provided that the Chairman may, if he thinks fit, direct that any question shall be decided by circulation of necessary papers to the Trustees and by securing their opinion 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 further that any Trustee may request that the question referred to Trustees for written opinion be considered at a meeting of the 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;

Provided further that where a casting vote is exercised or where no casting vote is exercised but the opinion of the Trustees is equally divided, the matter shall be referred to the Commissioner whose decision shall be final.

21 Minutes of the Meeting:

1. The Secretary shall maintain records of the Minutes of the meetings of the Board.

2. The records of the Minutes of each meeting shall be signed by then Chairman after confirmation with such modifications, if any, as may be considered necessary at the next meeting.

3. The Secretary shall take necessary steps for carrying out of decisions of the Board.

22 Acts of the Board of Trustees not invalid by reason of defect in its constitution, etc.:
No act or proceedings of the Board shall be deemed to be invalid by reason merely of any vacancy in, or any defect in the constitution of the Board.

23 Trustees' Indemnity:
No Trustee shall be chargeable otherwise than in respect of money and securities actually received by him notwithstanding his signature to any receipt for the sake of conformity and he shall be answerable and accountable only for his own acts, neglects or defaults and not for those of any other Trustee nor of any Banker, Broker or other person with whom any of the funds or investments representing the same may be deposited or upon whose advice or opinion the Trustees may act nor shall he be answerable for the insufficiency or deficiencies of any securities nor for any other loss howsoever arising save such as happens through his own willful default.

24 Membership of the Fund:

1. Every employee employed in or in connection with the work of the estt. other than and excluded employee shall be entitled and required to become a member of the Fund from the date of joining the establishment.

2. An excluded employee shall on ceasing to be such an employee be entitled and required to become a member of the Fund from the date he ceased to be such employee.

3. Every employee on becoming a member shall remain and continue to be member until he withdraws his provident fund accumulation from the fund.

4. Notwithstanding anything contained in this rule, the Board of Trustees may, on the joint request in writing of any employee of estt. and the employer, enroll such employee as a member or allow his to contribute on more than Five Thousand Rupees of his pay per month if he is already a member of the Fund and thereupon such employee shall be entitled to the benefits and shall be subject to the conditions of the Fund, provided that the employer gives an undertaking in writing that he shall pay the inspection charges payable and comply with all statutory provisions in respect of such people.

5. Every employer shall on becoming a member sign a declaration in the form set out in Annexure-II. Absence of such declaration will not, however, invalidate his membership.

6. Every employee shall become a member of the Fund from the date of his joining the estt. provided he was previously a member of a fund in respect of under the Employees’ Provident Fund Scheme, 1952 & he did not withdraw his Provident Fund accumulations.

7. If any question arises whether an employee is entitled or required to become or continue as member as regard the date from which he is so entitled or required to become a member the decision thereon of the Regional Provident Fund Commissioner shall be final.

25 Re-employed Pensioners:
Pensioners and superannuated persons of Central or State Government Departments appointed by the Company under re-employment terms, other than an excluded employee, shall be entitled and required to become a member of the Fund beginning from the date of appointment, irrespective of the terms of their re-employment.

26 Retention of Membership:
A member of the Fund shall continue to be a member until he withdraws under Rule 60 the amount standing to his credit in the Fund.

Explanation:
In the case of claim for refund by a member under Rule 60 (2), the membership of the Fund shall be deemed to have been terminated from the date the payment is authorized to him by the Secretary irrespective of the date of claim.

26-A Resolution of Doubts:
If any question arises whether an employee is entitled or required to become or continue as a member or as regards the date from which he is so entitled or required to become a member, the decision of the Commissioner shall be final.

27 Trustees' Power to Accept Transfer of Accumulations from other Funds:
In the event of permanent absorption in the company of an employee, who was previously in the service of another Government Company or local body or Government of India or Government of a State or was a member of any provident fund recognized under the Employees' Provident Funds and Miscellaneous Provisions Act,1952 or under the Income-tax Act, 1961, it shall be lawful for the Trustees to receive from such company etc. the accumulated balance in his Provident Fund Account.

Provided that in case of an employee who was a member of a Provident Fund covered under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, it shall be obligatory for the Trustees to accept for credit to the member's account his accumulations in such a Fund.

In the event of cancellation of exemption the amount may be transferred to EPFO in such manner as specified in the Act & Scheme.

28 Transfer of Members' Accounts;

1. Where a member ceases to be employed in the Company and secures employment in another establishment to which the Employees' Provident Funds and Miscellaneous Provisions Act,1952 applies or which is an exempted establishment, the balance in his account shall be transferred, to the credit of his account in the Provident Fund maintained by such establishment.

2. Where a subscriber is transferred without any break, to the service in a Government department, the balance in his account will not be paid to him, but shall be transferred with the consent of the Government to his new Provident Fund Account under the Government.

NOTE: Transfer shall include cases of resignation from service in order to take up appointment under Government without any break and with proper permission of the Management. The time taken to join the new post under Government will not be treated, as break in service, if it does not exceed the joining time admissible on transfer from one post to another.

3. Where a member ceases to be employed in the Company and takes up employment in any other establishment having recognized provident fund under the Income-tax Act, 1961 and the member and future employer so desire, his accumulations will be transferred to the Trustees of the Provident Fund in such establishment.

4. Where a member leaves his employment and secures re-employment in another establishment to which the Act does not apply, the amount of accumulations to the credit of such member in the Fund shall be transferred to the credit of his account in the Provident Fund of the establishment in which he is re-employed, if the employee so desires and the rules in relation to that Provident Fund permit such transfer.

29 Declaration by the person taking up employment after the Fund has been established.
The estt. shall before taking any person into employment ask him to state in writing whether or not he is member of any provident fund an if he is, the account number of and/or the name and the particulars of the last employer. The estt. shall require such person to furnish and such person shall on demand furnish the estt. for communication to the Board of the Trustees, particulars regarding himself required for the declaration Form. The estt. shall enter the particulars in the Form and obtain the signature or them impression of the person(s) concerned. Such impression shall be made in the form prescribed in Annexure-III.

30 Contributions:

1. The contribution payable by the Company to the Fund shall be at the rate of 12% (twelve percent) of Basic Wages, Dearness Allowance (including the Cash Value of any food concessions) and Retaining Allowance, if any,* or Stipend in the case of members undergoing training payable to each employee who is eligible for membership of the Fund.

2. The contribution payable by an employee under these Rules shall be equal to or more than the contribution payable by the Company in respect of such employee subject to the limit laid down in the Income-tax Act. 
   
   Provided that the employee's contribution shall be presumed to be an amount equal to the Company's contribution unless the employee intimates in writing the increased amount which he chooses to contribute.

3. The contributions shall be calculated on the basis of Basic Wages and Dearness Allowance including Cash Value of any food concessions and Retaining Allowance, if any, or Stipend actually drawn during the whole month whether paid on daily, weekly, fortnightly or monthly basis.
   
   (* and other payments specified as includible for the Provident Fund purposes by the Company,).    
   
   Whenever any lump sum arrears are paid on which Provident Fund contributions are recoverable, the contributions will be worked out on such lump sum and not linked with the month in which it is paid.

4. In respect of employees who have become members of the Provident Fund on or after March 01,1971 and those who being members of the Provident Fund as on February 28,1971, have opted to join the Employees' Family Pension Scheme, 1971 from and out of contributions payable by the Company and such employees in each month under clauses (i) and (ii) above, a part of the contribution, representing 1-1/6 per cent of the employees' pay along with an equivalent amount of 1-1/6 per cent from and out of employer's contribution shall be remitted by the employer to the Family Pension Fund on account of Family Pension Fund contribution upto 15.11.95 & with effect from 16.11.95 Employer’s Contributions on account of Employees Pension Fund @ 8.33% of Rs.6500/- p.m. as per the scheme passed by both the Houses of the Parliament (Reference Govt. of India Gazette notification no. DL 33004/95 dated 17th October, 1995.)    
   
   Provided that where the pay of a member exceeds Rs 6500/-per month, the contribution payable by the member and the Company to the Family Pension Fund shall be limited to the amount payable on the member's pay per month including Dearness Allowance, Cash value of any food concessions, Retaining Allowance, if any, actually drawn of Rs 6500/- only.

5. Each contribution shall be calculated to the nearest rupee, fifty paise or more to be counted as next higher rupee and fraction of a rupee less than fifty paise to be ignored.

6. Notwithstanding any contract to the contrary the Company shall not be entitled to deduct the Company's contribution from the wages of a member or otherwise to recover it from him.

7. The employer shall enhance the rate of Provident Fund contributions appropriately if the rate of Provident Fund contribution for the class of establishments in which his establishment falls is enhanced under the Act.

8. The employee's contribution shall be deductable from salary at each periodical payment, except in cases where the employee is on deputation from Armed Forces.

31 Recovery of a Member's Share or Contribution:

1. The amount of a member's contributions paid by the Company to the Trustees shall, notwithstanding the provisions in these Rules or any law for the time being in force or any contract to the contrary, be recoverable by means of deduction from the wages of the member and otherwise:
   
   Provided that no such deduction may be made from any wage other than that which is paid in respect of the period or part of the period in respect of which the contribution is payable:
   
   Provided further that the employer shall be entitled to recover the employee's share from a wage other than that which is paid in respect of the period for which the contribution has been paid or is payable where the employee has in writing given a false declaration regarding his last employment and membership of Contributory Provident Fund in the other establishment:
   
   Provided further that where no such deduction or short deduction has been made on account of an accidental mistake or a clerical error, such deduction may be made from the subsequent wages with the approval in writing of the Provident Fund Inspector.
   
   Provided further that if any amount is recovered in excess towards contribution, refund of loans or interest on withdrawals on account of an accidental mistake or a clerical error, such excess recovery may be refunded by the Trustees.

2. Deductions made from the wages of a member paid on daily, weekly, or fortnightly basis should be totaled up to indicate the monthly deductions.

3. Any sum deducted by the Company from the wages of an employee under these Rules shall be deemed to have been entrusted to it for the purpose of paying the contribution in respect of which it was deducted.

32 Members Recalled for Defence Duty and Members volunteering to take up Military Service during Emergency:
The Company employees will be allowed to contribute towards the Provident Fund and their accounts will be credited with the Company's contributions which would have been admissible had they remained on duty with the Company. The Company's contributions towards Provident Fund during the period of Military Services will form a charge against the Defence Services Estimates and would be recovered by the Company from the Defence Services.

33 Payment of Contributions to Trustees:
The contributions of employees collected by the Company in a month as well as its own contribution for a wage period shall be paid by the Company to the Trustees within fifteen days of the close of the month failing which the Company shall pay penal interest on such belated remittances at the graded rates specified in Annexure-IV.

34 Allotment of Account Numbers:
Each member of the Fund shall be allotted an Account Number which will be communicated to him by the Secretary.

35 Members' Accounts:
I.  An account shall be opened in the office of the Fund in the name of each member in which shall be entered details showing;

1. Opening balance
2. His contributions
3. Voluntary contribution, if any
4. Transfers
5. Refundable/Non-refundable withdrawals
6. Refund of advances
7. Contributions made by the Company in respect of him; and
8. Interest as provided in Rule 39.

II.  All items of account shall be calculated to the nearest full rupee i.e. 50 paise or more shall be counted as the next higher rupee and fractions of a rupee less than 50 paise shall be ignored.

Specimen at Annexure-VI

36 Inspection of Accounts by Members:
Any member making a written request in this behalf to the Secretary shall be permitted to inspect his account card himself or have the same inspected by a person duly authorized by him in writing to do so within a week of making of such request provided that no such request shall be entertained more than once in every two calendar months.

37 Nominations:

1. Each member shall make in his declaration in the prescribed form, * a nomination conferring the right to receive the amount that may stand to his credit in the Fund in the event of his 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 among his nominees at his own discretion.

3. If a member has a family at the time of making nomination, the nomination shall be in favour of one or more persons belonging to his family. Any nomination made by such member in favour of a person not belonging to his family shall be invalid. 
   
   *as per Annexure-V

4. If at the time of making a nomination the member has no family, the nomination may be in favour of any person or persons but if the member subsequently acquires a family, such nomination shall forthwith be deemed to be invalid and the member shall make a fresh nomination in favour of one or more persons belonging to his family.

5. Where the nomination is wholly or partly in favour of a minor, the member may, for the purpose of these Rules, appoint a major person of his family to be the guardian of the minor nominee in the event of the member predeceasing the nominee and the guardian so appointed.   Provided that where there is no major person in the family, the member may at his discretion, appoint any other person to be a guardian of the minor nominee.

6. A nomination made under clause (a) above may at any time be modified by a member after giving a written notice of his intention of doing so in the prescribed form (Annexure-VI). If the nominee, predeceases the member, the interest of the nominee shall revert to the member, who may make a fresh nomination in respect of such interest.

7. A nomination or its modification shall take effect to the extent that it is valid on the date on which it is received by the Secretary.

38 Interest Suspense Account:
All interest and other income realized or accrued shall be credited to an Account called the 'Interest Suspense Account'. Brokerage and commission on the purchase and sale of securities and other investments shall be included in the purchase or sale price, as the case may be and not separately charged to the 'Interest Suspense Account'.

39 Interest:

1. Interest shall be credited to the account of each member at such rate as may be determined by the Board of Trustees after completion of the financial year. However, the interest declared by the Trustees shall not be less than the rate of interest declared by the Central Government under the Employees' Provident Funds Scheme, 1952.

2. a.  Interest for currency of the financial year shall be allowed on the balances standing to the credit of the member at the end of every month. Interest shall be credited to the account of the members on the last day of the financial year.

   b.  In the case of a claim for refund under Rule 58 or 59, interest shall be payable up to the end of the month preceding the date on which the final payment is authorized irrespective of the claim from the claimant concerned.

   Provided that interest up to and for the current month shall be payable on the claims which are authorized on or after the 25th day of a particular month along with actual payment after the end of the current month.

   Provided further that the rate of interest to be allowed on claims for refund of the broken period of the year shall be the rate fixed for the latest financial year for which interest has been determined by the Board.

   Interest on the accumulated balance transferred to the credit of a member in terms of Rule 27 shall be allowed from the first day of the month following the one in which such balance credited to his account.

3. The amount of interest to be credited to member's account under clauses (i) and (ii) above shall be calculated to the nearest rupee i.e. 50 paise or more shall be counted as the next higher rupee and fraction of a rupee less than 50 paise shall be ignored.

4. The aggregate amount of interest credited to the accounts of the members shall be debited to 'Interest Suspense Account'.

5. If the Board of Trustees are unable to pay interest at the rate declared by the Central Government as mentioned in clause(i) above, for the reason that the return on investment is less or for any other reason, then the deficiency, if any, shall be made good by the Company.

40 Accounts and Audit:

1. The Secretary shall close the accounts of the Provident Fund to be maintained in such manner as the Board may from time to time decide and submit returns to the Regional Provident Fund Commissioner/Commissioner of Income-tax as the Central Government may direct from time to time.

2. The Secretary shall furnish to the Regional Provident Fund Commissioner/Commissioner of Income -Tax such accounts relating to the Provident Fund of the Company which shall include annual statement of accounts of each subscriber as the Central Government may prescribe from time to time.

3. At the end of each financial year an Income and Expenditure Account together with a Balance Sheet of Fund's assets and liabilities shall be laid before the Board at a meeting to be held within six months of the close of the financial year.

4. Every year the Board shall appoint a Chartered Accountant or a firm of Chartered Accountants in practice as auditors of the Fund and fix the remuneration for the audit of the accounts of the Fund which will be borne by the Company. A copy of the audited Annual Provident Fund Account together with the audited Balance Sheet and the Audit Report shall be forwarded to the Regional Provident Fund Commissioner/Commissioner of Income-Tax.

5. The Central Government/Central Provident Fund Commissioner shall have the right to have the account re-audited and the expenses on such re-audit shall be borne by then Company.

41 Member’s Pass Book/Annual Statement of Account:
Every member shall be given a pass book or an Annual Statement of accounts within six months of the close of the year in which shall be entered the particulars referred to in rule 35 above.

All pass books or the Annual statements shall be made upto date at the interval of one year. Such statement/pass book shall be accepted as correct and binding on the members save that if any manifest error shall be found therein notified by the member to the Board of Trustees in writing within six months after the date of making such entry, the same may be rectified. A member of the fund is also allowed to inspect his account himself or through any person duly authorized by him in writing to do so, within 72 hours of making such request provided that no such request shall be entertained more than once in every two calendar months.

42 Cost of Administration of the Fund:
The costs, charges and expenses of administering the Fund including the inspection charges payable to the Commissioner and of the determination of any question arising under these Rules or otherwise including all expenses incurred by the Trustees in the discharge of their duties shall be borne by the Company.

43 Purpose for which Temporary/Refundable Advances may be permitted:
Withdrawals by the members may be allowed by the Secretary for the following purposes:-

1. to pay expenses incurred in connection with the illness of the member himself or a member of his family;

2. to meet the cost of higher education, including where necessary, the traveling expenses of any child of the member actually dependant on him in the following cases:-

1. education outside India for academic, technical, professional or vocational courses beyond the matriculation stage, and

2. any medical, engineering or other technical or specialized course in India beyond the matriculation stage;

3. to pay for the cost of passage to a place out of India of the member himself or any member of his family;

4. to pay expenses in connection with marriages, funerals or ceremonies, which by the religion of the member it is encumbent upon him to perform;

5. to meet the cost of legal proceedings instituted by the member for vindicating his position in regard to any allegations made against him in respect of any act done or purporting to be done by him in the discharge of his official duty or to meet the cost of his defence when he is prosecuted by the employer in any Court of Law in respect of any official misconduct on his part;  
   
   Provided that the advance under this clause shall not be admissible to any member who institute legal proceedings in any Court of Law either in respect of any matter unconnected with his official duty or against the employer in respect of any condition of service or penalty imposed on him.

6. to enable the member to meet his/her expenses in case the member goes on leave without pay for a period of a month or more for reasons such as higher studies/illness.

7. to pay premium on policies of insurance on the life of the member or of his wife provided that the policy is assigned to the Trustees or at their discretion deposited with them and that the receipts granted by the Insurance Company for the premium are from time to time handed over to the Trustees for inspection by the Income-tax Officer.

44 Conditions for withdrawal for various purposes:

1. The withdrawal in connection with expenses on marriages as specified in clause (d) of Rule 43 by a member whose pay exceeds Rs.6500/- per month, shall not exceed six months' pay or the member's total contributions with interest thereon lying to his credit whichever is less.

2. The withdrawal for the purpose specified in clause (b) and clause (d) of Rule 43 by a member whose pay does not exceed Rs.6500/- per month shall be subject to the following conditions, namely:-

1. the amount of withdrawal shall not exceed one half of the member's contributions to the Fund with interest thereon;

2. the member shall have completed seven years of service;

3. the amount of the member's contributions to the Fund with interest thereon is not less than Rs.1000/-;

3. The withdrawal for the purposes specified in clause (e) of Rule 43 shall not exceed three months' pay or Rs.500/-, whichever is greater, but shall in no case exceed half the amount to the credit of the member.

4. The withdrawal for any other purpose, referred to in Rule 43, shall not exceed three months' pay or the member's total contributions with interest thereon lying to his credit whichever is less.

Explanations:
For the purpose of this Rule, 'Pay' means the Basic Wages and Dearness Allowance to which the member is entitled at the time when the withdrawal is granted.

45 Second Withdrawal:

1. A second refundable withdrawal shall not be permitted until fifty per cent of the amounts already withdrawn has been repaid. In such cases, the repayment in cash of the balance may be waived and the balance of previous loan with interest thereon shall be adjusted against the second refundable withdrawal sanctioned and the balance paid.

2. A second refundable withdrawal may, however, be permitted even before fifty per cent of the sum already withdrawn has been repaid in case the member has been on leave without pay as specified in Rule 43 (f), provided the member repays in cash the balance of the loan together with interest due thereon. If the Secretary so decides the repayment in cash may be waived and the balance of previous loan with interest thereon shall be adjusted against the second refundable withdrawal sanctioned and the balance paid.

46 Repayment of Amounts withdrawn:

1. Where a withdrawal is allowed in connection with marriage as specified under Rule 43 (d), the amount withdrawn shall be repaid in not more than forty equal monthly installments.

2. Where the withdrawal is allowed for any other purpose, the amount withdrawn shall be repaid in not more than twenty equal monthly installments.

3. No subsequent alterations in the number of installments mentioned in the withdrawal application shall be permitted except lump sum cash refund.

4. In respect of withdrawals of the amounts mentioned in clauses (i) and (ii) above, interest shall be recovered on the amount aforesaid of the balance thereof outstanding from time to time at one percent above the rate which is payable for the time being on the balance in the Fund at the credit of the member as per Rule 39.

5. The employer shall deduct the installments aforesaid from the member's salary and pay them regularly to the Trustees of the Fund. These deductions shall commence from the second monthly payment of salary made after the withdrawal or in the case of a member on leave without pay, from the second monthly payment of the salary made after his return to duty.

Application Form : 
Non-Refundable / Refundable Advance from Provident Fund (Annexure-VII)

47 i) Financing of Member's Life Insurance Policies:

1. Where a member desires that premium due on a policy of Life Insurance taken by him on his own life should be financed from his Provident Fund Account, he may apply in such form (ANNEXURE-VII) and in such manner as may be prescribed by the Board.

2. On receipt of such application, the Secretary may make payment on behalf of 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 premium is payable yearly.

3. Any payment made under clause (b) above shall be made out of and debited to the member's own contribution with interest thereon standing to his credit in the Fund.

4. No payment shall be made under clause (b) above 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 the premium for two years.

5. No payment shall be made towards a policy unless it is legally assignable by the member to the Board.

6. The Secretary shall before making payment in respect of existing policies, satisfy himself by reference to the Life Insurance Corporation that no prior assignment of the policy exists and the policy is free from all encumbrances.

7. 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 of 55 years.

ii) Conversion of policy into a paid-up one and payment of late fee etc.:
Where a policy of Life Insurance of a member is financed from his Provident Fund Account, the Secretary may -

1. convert the Insurance Policy into a paid-up one when the credit in his Provident Fund on account of his share becomes inadequate for the payment of any premium;

2. pay late fee and interest out of the member's own contribution in his Provident Fund Account, if any premium cannot be remitted to the Life Insurance Corporation in time because of delay in sending to the Secretary the policy duly assigned to the Board or any other reasons for which the member or his employer may be responsible.

iii) Assignment of Policies to the Fund:

1. The policy shall, within six months of the first payment under Rule 47 (i) be assigned by endorsement thereon, to the Board and shall be delivered to the Secretary.

2. Notice of the assignment of the policy shall be given by the member to the Life Insurance Corporation and the acknowledgement of the said notice by the Corporation shall be sent to the Secretary within three months of the date of assignment.

3. The terms of the policy shall not be altered nor shall the policy be exchanged for another policy without the prior consent in writing of the Secretary to whom the details of the alteration or of the new policy shall be furnished in such form as he may specify.

4. If the policy is not assigned and delivered as required under clause (a) above or is assigned otherwise than to the Board, or is charged for encumbered or lapses, any amount paid from the Fund in respect of such policy shall, with interest thereon at the rate provided under Rule 39, be repaid by the member forthwith to the Fund. In the event of default, the employer shall, on receipt of such directions as may be issued by the Secretary in this behalf, deduct the amount in lump sum or in such installments as the Secretary may determine from the emoluments of the member and pay it to the Fund within such time and in such manner as may be specified by the Secretary. The amount so repaid or recovered shall be credited to the member's account in the Fund.

iv) Bonus on policy to be adjusted against payments made from the Fund:
So long as the policy remains assigned to the Board, any bonus accruing on it may be drawn by the Secretary and adjusted against the payment made on behalf of the member under Rule 47 (i).

v) Re-assignment of policies:

1. Where the accumulations standing to the credit of the member are withdrawn under Rule 60 or when the member repays to the Fund the amounts of premium paid by the Board with interest thereon at the rate provided in Rule 39 the Secretary shall re-assign by endorsement thereon the policy to the member together with a signed notice of re-assignment addressed to the Life Insurance Corporation.

2. If the member dies before the policy has been re-assigned under clause (a) above, the Secretary shall re-assign by the endorsement thereon, the policy to the nominee of the member if a valid nomination subsists and if there be no such nominee, to such person as may be legally entitled to receive it together with a signed notice of re-assignment addressed to the Life Insurance Corporation.

vi) Recovery of amounts paid towards Insurance Policies:
If a policy matures or otherwise falls due for payment during the currency of its assignment, the Secretary shall realize the amount assured together with bonus, if any, accrued thereon, place to the credit of the member the amount so realized or the whole of the amount paid from the Fund in respect of the policy with interest thereon, whichever is less, and refund the balance, if any, to the member.

48 Advance from the Fund for the purchase of a Dwelling House/Flat, or a Dwelling Site or for Construction of a Dwelling House or Extension of an existing Dwelling House:
1) The Secretary may, on an application from a member in such form (ANNEXURE-VII) as may be prescribed and subject to the conditions prescribed in this Rule sanction from the amount standing to the credit of the member in the Fund, an advance –

1. for purchasing a dwelling house/flat, including a flat in a building owned jointly with others out-right or on hire purchase basis), or for constructing dwelling house including the acquisition of a suitable site for the purpose from the Central Government, the State Government, a Co-operative Society, an Institution, a Trust, a local body or a Housing Finance Corporation (hereinafter referred to as the agency/agencies);  
   
   Or

2. for purchasing a dwelling site for the purpose of construction of a dwelling house or a ready-built dwelling house/flat from any individual; 
   
   Or

3. for purchasing dwelling house, flat on ownership basis from a Promoter governed by the provisions of any Flats or Apartments Ownership Act or by any other analogous or similar law of the Central Government or the State Government as may be in force in any State or area for the time being and who intends to construct or constructs dwelling house or block of flats and the member is required to pay to the said Promoter in advance for financing the said construction of the house/flat.  Provided that the member had entered into an agreement with the Promoter as may be required under the Flats or Apartments Ownership Act or any other analogous or similar law of the Central Government or State Government which may be in force in any State or any area and the said agreement is registered under the Indian Registration Act,1908.  
   
   Or

4. for the construction of a dwelling house on a site owned by the member or the spouse of the member or jointly by the member and the spouse or for completing/continuing the construction of a dwelling house already commenced by the member or the spouse, on such site or for purchase of a house/flat in the joint names of the member and the spouse under clauses (a) and (b) above.
   
   Explanation:
   In this Rule, the expression, 'Co-operative Society' means a society registered or deemed to be registered under the Co-operative Societies Act,1912 (2 of 1912) or under any other law for the time being in force in any State relating to Co-operative Societies.

2) The amount of advance under Sub-rule (1) to a member shall be subject to the following conditions, namely:-

1. For the purpose of purchase of a site for construction of house thereon, the amount of withdrawal shall not exceed the member's basic wages and dearness allowance for twenty four months or the member's own share of contributions, together with that amount of the employer's share of contributions with interest thereon or the actual cost towards the acquisition of the dwelling house/flat or the construction of the dwelling house, whichever is the least.

2. For the purpose of acquisition of a ready-built house/flat or for construction of a house/flat, the withdrawal shall not exceed the member’s basic wages and dearness allowance for thirty six months or the member’s own share of contributions, together with the employer’s share of contributions, with interest thereon, or the total cost of construction, whichever is the least.
   
   Explanation:
   The actual cost towards the acquisition of the dwelling site or the purchase of dwelling house/flat shall include charges payable towards registration of such site, house or flat.

3. a.  No advance under this Rule shall be granted unless:

1. the member has completed Five Year's membership of the Fund or is due to retire within the next ten years;

2. the member's own share of contributions with interest thereon in the amount standing to his credit in the Fund is not less than one thousand rupees;

3. the dwelling site or the dwelling house/flat or the house under construction is free from encumbrances;

   Provided that where a dwelling site or a dwelling house/flat is mortgaged to any of the agencies, referred to in clause (a) of sub-rule (1), solely for having obtained funds for the purchase of a dwelling house/flat or for the construction of a dwelling house including the acquisition of a suitable site for the purpose, such a dwelling site or a dwelling house/flat as the case may be shall not be deemed to be an encumbered property;

   Provided further that a land acquired on a perpetual lease or on lease for a period of not less than thirty years for constructing a dwelling house/flat, on such shall also not be deemed to be an encumbered property:

   Provided also that where the site of the dwelling house/flat is held in the name of any agency referred to in clause (a) of Sub-rule(1)and the allottee if precluded from transferring or otherwise disposing off, the house/flat, without the prior approval of such agency, the mere fact that the allottee does not have absolute right of ownership of the house/flat and the site is held in the name of the agency, shall not be a bar to the giving of an advance under clause (a) of Sub rule (1) if the other conditions mentioned in this Rule are satisfied.

2. No advance shall be granted for purchasing a site in a joint property or a building or a house or land whose ownership is divided except where the site is owned jointly with the spouse.

3.  Where the advance is for construction of a house, the payment of the advance may be sanctioned in such number of installments (not exceeding four) as the Trustees think fit.

4. Where the advance is for the construction of a house, the construction of the house should be commenced within six months of the withdrawal and should be completed within twelve months of the withdrawal of the final installments.

5. Where the advance is made for the purchase of a house/flat and/or a site for a house, the purchase should be made within six months from the withdrawal of the amount;
   
   Provided that this provision shall not be applicable in case of purchase of a dwelling house/flat on hire purchase basis and in cases where a dwelling site is to be acquired or houses are to be constructed by a Co-operative Society on behalf of its members with a view to their allotment to the members.

4) If the amount withdrawn under Sub-rule (2) or (3) exceeds the actual cost of the purchase of construction of the house/flat and/or site, or if the amount is not utilized for the purpose for which it is withdrawn, the excess or the whole amount, as the case may be, shall be refunded to the Secretary forthwith in one lump sum together with interest from the month of such withdrawal at the rate of four per cent of the amount which is refundable. The above amount refunded shall be credited to the employer's share of contributions in the member's account in the Fund to the extent of advance granted out of the said share and the balance, if any, shall be credited to the member's own share of contributions in his account.

5) Subject to the limitation prescribed in sub-rules (2) and (3):

1. Where the advance is for the purchase of a dwelling house/flat or dwelling site from an agency referred to in clause (a) of sub-rule (1), the payment of advance shall not be made to the member but shall be made direct to the agency in one or more installments, as may be authorized by the member.

2. Where the advance is for the construction of a dwelling house, it may be sanctioned in such number of installments (not exceeding four) as the Secretary may deem fit.

3. Where the advance is for the acquisition of a dwelling site for the purpose of construction of dwelling house thereon from any individual or any agency, the amount shall be paid in not less than two equal installments, the first installment at the time of the acquisition of the dwelling site and the remaining at his request at the time of the construction of a dwelling house on such dwelling site.

4. Explanation: 
   'Promoter' includes a person who constructs or causes to be constructed a block of building or flats or apartments for the purpose of selling some or all of them to other persons or to a Company, Co-operative Society or other association of persons and his assignees and where the person who builds and the person who sells are different persons, the terms 'Promoter' includes both.

6) Except in the cases specified in clause (7), no further advance shall be admissible to a member under this Rule.

7) An additional advance up to twelve months Basic Wages and Dearness Allowance or the member's own share of contributions with interest thereon, in the amount standing to his credit in the Fund, whichever is less, may be granted once and in one installments only, for additions, substantial alterations or improvements necessary to the dwelling house owned by the member or by the spouse or jointly by the member and the spouse.

Provided that the advance shall be admissible only after a period of five years from the date of purchase or completion of the dwelling house.

1. A further withdrawal equivalent to the amount of difference between the amount of withdrawal admissible to a member under sub-paragraph (2) above as on the date of fresh application and the amount withdrawal that was drawn by a member under this paragraph any time during six years preceding 3.1.1981, may be granted to such a member.

1. who had availed the earlier withdrawal for purchase of a dwelling site and has not proposed to construct a dwelling house on the land so purchased or

2.  who had availed the earlier withdrawal for making initial payment towards the allotment/purchase of a house/flat from any agency as referred to in clause (a) of such paragraph (1) above and has now proposed to avail withdrawal for completing transaction to get the sole ownership of the house/flat so purchased.

3. who had availed the earlier withdrawal for construction of a house but could not complete the construction in time due to lack of funds.

2. A further withdrawal upto twelve months’ basic wages and dearness allowance or member’s own share of contribution with for addition, alteration, improvement or repair of the dwelling house owned by the spouse or jointly by the member and the spouse, after ten years of withdrawal, under sub-paragraph (7).

1. The member shall produce the title deed and such other documents as may be required for inspection which shall be returned to the member after the grant of advance.

2. If the advance granted under this sub rule is not utilized in whole or in part for the purpose for which it was withdrawn, the excess or the whole amount as the case may be, shall be refunded by the member to the Fund forthwith in one lump sum together with interest at the rate of two percent of the amount which is refundable from the month of such withdrawal. The amount so refunded shall be credited to the member’s account in the Fund.

8) In the event of the member not having been allotted a dwelling site/dwelling house/flat, or in the event of the cancellation of an allotment made to the member and of the refund of the amount by the agency referred to in clause (a) of Sub-rule (1) or in the event of the member not being able to acquire the dwelling site or to purchase the dwelling house/flat from any individual or to construct the dwelling house, the member shall be liable to refund to the Fund in one lump sum and in such manner as may be specified by the Secretary, the amount of advance remitted to him or, as the case may be, to the agency referred to in clause(a) of Sub-rule (1) together with interest from the month of such withdrawal at the rate of four per cent of the amount which is refundable.

The amount so refunded shall be credited to the employer's share of contributions in the member's account in the Fund, to the extent of advance granted out of the said share, and the balance, if any, shall be credited to the member's own share of contributions in his account.

9) If the Secretary is satisfied that the advance granted under this Rule has been utilized for a purpose other than that for which it was granted or that the member refused to accept an allotment or to acquire a dwelling site or that the conditions of advance have not been fulfilled or that there is reasonable apprehension that they will not be fulfilled wholly or partly; or that the excess amount will not be refunded or that the amount remitted back to the member by any agency referred to it in clause (a) of Sub-rule (1), will not be refunded, the Secretary shall forthwith take steps to recover the amount due with penal interest thereon at the rate of two per cent per annum from the wages of member in such number of installments as the Secretary may determine. For the purpose of such recovery the Secretary may direct the employer to deduct such installments from the wages of the member and on receipt of such direction, the employer shall deduct accordingly. The amount so deducted shall be remitted by the employer to the Fund within such time and in such manner as may be specified in the direction. The amount so refunded, excluding the penal interest, shall be credited to the employer's share of contributions in the member's account in the Fund to the extent of advance granted out of the said share and the balance, if any, shall be credited to the member's own share of contributions in his account. The amount of penal interest shall however, be credited to the Interest Suspense Account.

Provided that the recovery of advance under sub-rule (9) shall be restricted to cases where the recovery has been ordered while the member is in service.

10) Where the advance granted under this Rule has been misused by the member, no further advance shall be granted to him under this Rule within a period of three years from the date of grant of the said advance or till the full recovery of the amount of the said advance, with penal interest thereon, whichever is later.

49 Advance from the Fund for repayment of Loans in Special Cases:

1. a.  The Secretary may on an application from a member, sanction from the amount standing to the credit of the member in the Fund, an advance for the repayment, wholly or partly, of any outstanding principal and interest of a loan obtained from a State Government, Co-operative Society, Housing Board, Municipal Corporation or a body similar to the Delhi Development Authority solely for the purposes specified in sub-rule (1) of Rule 48.
   
   b.  The amount of advance shall not exceed the member's Basic Wages and Dearness Allowance for thirty-six months or his own share of contributions together with the employer's share of contributions, with interest thereon, in the member's account in the Fund or the amount of outstanding principal and interest of the said loan, whichever is least.

2) No advance shall be sanctioned under this Rule unless-

1. the member has completed five years' membership of the Fund, or is due to retire within next ten years , and

2. the member's own share of contributions with interest thereon, in the amount standing to his credit in the Fund, is one thousand rupees or more; and

3. the member produces a certificate or such other documents as may be prescribed by the Trustees from such agency, indicating the particulars of the member, the loan granted, the outstanding principal and interest of the loan and such other particulars as may be required.

3) The payment of the advance under this Rule shall be made direct to such agency on receipt of an authorization from the member and in no event the payment shall be made to the member.

50) Advance from the Fund for marriage or Post-Matriculation Education of Children:
1) The Secretary may on an application from a member authorize payment to him or her of a non-refundable advance from his or her provident fund account not exceeding fifty per cent of his or her own share of contribution with interest thereon, standing to his or her credit in the Fund, on the date of such authorization, for his or her own marriage, the marriage of his or her daughter, son, sister or brother or for the post-matriculation education of his or her son or daughter.

2) No advance under Sub-rule (2) shall be sanctioned to a member unless

1. he has completed seven years' membership of the Fund; and

2. the amount of his own share of contributions with interest thereon standing to his credit in the Fund is rupees one thousand or more.

3) Not more than three advances shall be admissible to a member under this paragraph.

50-A Computation of period of membership:
In computing the period of membership of the Fund of a member under Rules 48, 49 and 50, his total service exclusive of periods of break under the Company before these Rules applied to him, as well as the periods of membership, whether of the Fund or of private provident fund of exempted factories/establishments or as on employee exempted under paragraph 27 or 27-A of the Employees' Provident Funds Scheme, 1952 as the case may be, immediately preceding the current membership of the Fund, shall be included.

Provided that the member has not severed his membership by withdrawal of his provident fund during such period.

51 Restriction on Grant of Advance:
A member may be granted an advance either under Rule 43 (i) (d) or under Rule 50 but not under both the rules in respect of one and the same marriage.

52 Grant of Advance to Members affected by cut in the supply of Electricity:
A member may be allowed a non-refundable advance from his account in the Fund, if there is a cut in the supply of electricity to the Company or unit of the Company in which he is employed on the following conditions, namely -

1. The advance may be granted only to a member whose total wages for any one month were three-fourths or less than three-fourths of wages for a month;

2. The advance shall be restricted to the amount of wages for a month or Rs.300/- or the amount standing to the credit of the member in the Fund as his own share of contribution with interest thereon, whichever is less;

3. No advance shall be paid unless the State Government certify that the cut in the supply of electricity was enforced in the area in which the Company or unit of the Company is located and the employer certifies that the fall in the member's pay was due to cut in the supply in electricity.

4. Only one advance shall be admissible under this Rule.

Explanation:
"Wages" means, for the purposes of this Rule, Basic Wages and Dearness Allowance excluding lay-off compensation, if any.

53 Grant of advance to members who are physically handicapped:

1. A member and who is physically handicapped, may be allowed a non-refundable advance from his account in the Fund, for purchasing an equipment required to minimize the hardship on account of handicap.

2. No advance under sub-rule (1) above shall be paid unless the member produces a medical certificate from a competent medical practitioner to the satisfaction of the Secretary to the effect that he is physically handicapped.

3. The amount advanced under this paragraph shall not exceed the member's Basic Wages and Dearness Allowance for six months or his own share of contribution with interest thereon or the cost of the equipment, whichever is the least.

4. No second advance under this Rule shall be allowed within a period of three years from the date of payment of an advance allowed under this Rule.

53A Withdrawal within one year before retirement
The Secretary of EPF Trust, may, on an application from a member in form as may be prescribed, permit withdrawal of upto 90% of the amount standing at his credit, at any time after attainment of the age of 54 years by the member or within one year before his actual retirement on superannuation which ever is later.

54 Advance in case of illness in certain cases:
i) A member may be allowed non-refundable advance from his account in the Fund in case of -

1. Hospitalization lasting for one month or more; or

2. major surgical operation in a hospital; or

3. suffering from T.B., leprosy, paralysis, cancer, mental derangement or heart ailment and having been granted leave by the Company for treatment of the said illness.

ii) The advance shall be granted if -

1. the employer certifies that the Employees' State Insurance Scheme facilities and benefits thereunder are not actually available to the member or the member produces a certificate from Employees' State Insurance Corporation to the effect that he has ceased to be eligible for cash benefits under the Employees' State Insurance Scheme; and

2. a doctor of the hospital certifies that a surgical operation or, as the case may be, hospitalization for one month or more had or has become necessary or a registered medical practitioner, or in the case of mental derangement or heart ailment, a specialist, certifies that the member is suffering from T.B., laeprosy, paralysis, cancer, mental derangement or heart ailment provided he has not got any amount reimbursed by the Company for such treatment.

iii) A member may be allowed non-refundable advance from his account in the Fund for the treatment of a member of his family who has been hospitalized or require hospitalization for one month or more -

1. for a major surgical operation, or
2. for the treatment of T.B., leprosy paralysis, cancer, mental derangement or heart ailment. Provided that no such advance shall be granted to a member unless he has produced -

1. a certificate from a doctor of the hospital that the patient has been hospitalized or requires hospitalization for one month or more, or that a major surgical operation had or has become necessary, and

2. a certificate from his employer that the Employees' State Insurance Scheme facilities and benefits are not available to him for the treatment of the patient.
   
   Provided further that the member has not got any amount reimbursed by the Company for such treatment.

iv) The amount advanced under this Rule shall not exceed the member's Basic Wages and Dearness Allowance for three months or his own share of contribution with interest in the Fund, whichever is less.

v) Where the Board is not satisfied with a medical certificate furnished by the member under this Rule, the Secretary may before granting an advance under this Rule, demand from the member another medical certificate to the Board's satisfaction.

55 Advance in case of natural calamity:
i) The Board may on an application from a member whose property, movable or immovable, has been damaged by a calamity of an exceptional nature, such as floods, earthquakes or riots, authorize payment to him from the provident fund account, a non-refundable advance, not exceeding Rupees five thousand or 50% (fifty per cent) of his total contribution including interest thereon standing ` to his credit on the date of such authorization, whichever is less, to meet any unforeseen expenditure.

Provided that the member produces evidence to the satisfaction of the Board that the said property has been damaged as a result of the calamity.

ii) No advance under sub-rule (i) above shall be paid unless the State Government has declared that any one of the aforesaid calamities has affected the general public in the area to which the member belongs and the application for advance is made within a period of four months from the date of such declaration.

56 Grant of Advance in Special Cases:
i) In case the Company or a unit of the Company has been locked up or closed down for more than fifteen days and the employees are rendered unemployed without any compensation or a member does not receive his wages for a continuous period of two months or more, these being for reasons other than strike, the Secretary may authorize payment to the member, one or more non-refundable advances from his provident fund account not exceeding his own total contributions including interest thereon up to the date the payment has been authorized.

ii) In case a member is discharged or dismissed or retrenched by the Company and such discharge or dismissal or retrenchment is challenged by the member and the cases are pending in a Court of Law, the Secretary may on an application from the member authorize payment to him of one or more non-refundable advances from his provident fund account not exceeding fifty per cent of his own share of contribution with interest thereon standing to his credit in the Fund on the date of such authorization.

iii) a) In case the Company or the unit of the Company continues to remain locked up or closed down for more than six months and the appropriate Government is of the opinion that the said Company is likely to re-start, the Secretary on being satisfied that a member who has already been granted one or more non-recoverable advances to the full extent from his provident fund account under sub-rule (i) still continues to be unemployed and no compensation is likely to be paid to him at an early date, may on receipt of an application from the member authorize payment to the member one or more recoverable advances from his provident fund account not exceeding fifty per cent of the employer's total contributions including interest thereon up to the date the payment has been authorized or fifty per cent of the amount admissible under sub-rule (3) of Rule 60 if the member had been allowed to withdraw his accumulations on such date whichever is less.

2. The advance drawn under clause (a) above shall be interest free.

3. The advance drawn under clause (a) above shall be recovered by deductions from the wages of the member in such instalments as may be determined by the Secretary. The recovery shall commence from the first wages paid to the member immediately after the re-start of the Company or the unit of the Company.

4. The employer shall remit the amount so deducted to the Fund within such time and in such manner as may be specified by the Secretary . The amount on receipt shall be credited to the member's account in the Fund.

5. Members whose pay (basic wages and dearness allowance) does not exceed Rs.5000/- per month only shall be entitled to an advance under this Rule.

57 Conversion of Refundable Withdrawal:
The Secretary on an application made by any member may permit conversion of refundable withdrawal taken under Rule 44 into non-refundable advance provided the withdrawal is covered under the Rules of the Fund governing grant of such non-refundable advances.

57(A) Prohibition against transfer and assignment:
No member shall transfer or assign whether by way of security or otherwise his interest or any part thereof in the moneys lying to his credit in the Fund and no such transfer of assignment shall be valid and the Board shall not recognize or be bound by notice to them of any such transfer or assignment.

Application Form : 
Non-Refundable / Refundable Advance from Provident Fund (Annexure-VII)

58 Circumstances in which accumulations in the Fund are payable to a member:
1) A member may withdraw the full amount standing to his credit in the Fund-

1. On retirement from service after attaining the age of 60 years:
   
   Provided that a member, who has not attained the age of 60 years at the time of termination of his service, shall also be entitled to withdraw the full amount standing to his credit in the Fund if he attains the age of 60 years before the payment is authorized;

2. on retirement on account of permanent and total incapacity for work due to bodily or mental infirmity duly certified by the medical officer of the Company or where the Company has no regular medical officer, by a registered medical practitioner designated by the Company;

3. immediately before migration from India for permanent settlement abroad or for taking employment abroad;

4. on termination of service in the case of mass or individual retrenchment.

5. on termination of service under a voluntary scheme of retirement framed by the employer and the employees under a mutual agreement specifying, inter-alia, that notwithstanding the provisions contained in sub-clause (a) of clause (oo) of Section 2 of the Industrial Disputes Act, 1947, excluding voluntary retirements from the scope of definition of "retrenchment", such voluntary retirements shall for the purpose be treated as retrenchments by mutual consent of the parties;

6. in any of the following contingencies, provided the actual payment shall be made only after completing a continuous period of not less than two months immediately preceding the date on which member makes the application for withdrawal -

1. where the Company is closed but certain employees who are not retrenched, are transferred by the employer to other factory or establishment, not covered under the Act;

2. where a member is transferred from the Company to another factory or other establishment not covered under the Act, but is under the same employer; and

3. where a member is discharged and is given retrenchment compensation under the Industrial Disputes Act, 1947 (14 of 1947);

(1-A) For the purpose of clause (b) of sub-rule (1)-

1. where an establishment/unit of the Company has been closed, the certificate of any registered medical practitioner may be accepted.

2. where there is no medical officer in an establishment/unit of the Company, the employer shall designate a registered medical practitioner stationed in the vicinity of the establishment; or

3. where an establishment/unit of the Company is covered by the Employees' State Insurance Scheme, medical certificate from a medical officer of the Employees' State Insurance Dispensary with which, or from the Insurance Medical Practitioner with whom, the employee is registered under that scheme, shall be produced:

   Provided that where by mutual agreement of employers and employees, a Medical Board exists for any establishment or group of establishments, a certificate issued by such Medical Board may also be accepted for the purpose of this paragraph.

   Provided further that it shall be open to the Secretary to demand from the member a fresh certificate from a Civil Surgeon or any doctor acting on his behalf where the original certificate produced by him gives rise to suspicion regarding its genuineness.

   Provided further the entire fee of the Civil Surgeon or any doctor acting in his behalf shall be paid from the Fund in case the findings of the Civil Surgeon or any doctor acting on his behalf agree with the original certificate and that where such findings do not agree with the original certificate, only half of the fee shall be paid from the Fund and the remaining half shall be debited to the member's account;

4. A member suffering from tuberculosis or leprosy or cancer, if contracted after leaving the service of the Company on grounds of illness but before payment has been authorized, shall be deemed to have been permanently and totally incapacitated for work.

2) In cases other than those specified in sub-rule (1), the Secretary may permit a member to withdraw the full amount standing to his credit in the Fund on ceasing to be an employee in any establishment to which the act applies provided that he has not been employed in any factory or other establishment to which the Act applies for a continuous period of not less than two months immediately preceding the date on which he makes the application for withdrawal. The requirement of two months' waiting period shall not apply in cases of female members resigning from the service of the Company for the purpose of getting married.

59 Unclaimed Amount on Leaving Service, Retrenchment or Death:
Amount unclaimed by a member or his nominee after his leaving service, retirement or death shall on no account lapse to the Fund. Such unclaimed accumulations shall be reviewed at the end of each financial year and the amount relating to cases of more than 3-1/2 years old at the end of the year shall be transferred to "Unclaimed deposit account". The unclaimed accumulations, when refunded, should be paid with interest up to the date of settlement of account.

60 Accumulations of a Deceased Member - To whom payable:
On the death of a member, before the amount standing to his credit has become payable or where the amount has become payable before payment has been made-

1. if a nomination made by the member in accordance with Rule 37 subsists, the amount standing to his credit in the Fund or that part thereof to which the nomination relates, shall become payable to his nominee or nominees in accordance with such nomination;

2. If no nomination subsists or if the 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 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;
2. sons of a deceased son who have attained majority;
3. married daughters whose husbands are alive;

if there is any member of the family other than those specified in clauses (a), (b), (c) and (d).

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 member and had not attained the age of majority at the time of the member's death.

3. In any case to which the provisions of clauses (i) and (ii) do not apply, the whole amount shall be payable to the person legally entitled to it.

Explanation:
For the purpose of this Rule a member's posthumous child, if born alive, shall be treated in the same way as a surviving child born before the member's death.

61 Payment of Provident Fund:

1) When the amount standing to the credit of a member or the balance thereof after any deduction under Rule 60 becomes payable, it shall be the duty of the Secretary to make prompt payment as provided in these Rules. In case, there is no nominee in accordance with the Rules or there is no person entitled to receive such amount under sub-rule (ii) of Rule 60, the Secretary may, if the amount to the credit of the Fund does not exceed Rs.10,000/- and if satisfied after enquiry about the title of the claimant, pay such amount to the claimant.

2) If any portion of the amount which has become payable is in dispute or doubt, the Secretary shall make prompt payment of that portion of the amount in regard to which there is no dispute or doubt, the balance being adjusted as soon as may be possible.

3) If the person to whom any amount is to be paid under these Rules is a minor for whose estate a guardian under the Guardians and Wards Act 1890 (8 of 1890) has been appointed, the payment shall be made to such guardian. Where no guardian under the Guardians and Wards Act, 1890 (8 of 1890) has been appointed, the payment shall be made to the guardian, if any, appointed under sub-rule 37(e). Where no such guardian has been appointed, the payment shall be made to the natural guardian and in the absence of the natural guardian to such person as the Secretary, where the amount does not exceed Rs.20,000/- or the Chairman if the amount exceeds Rs.20,000/- considers to be proper person representing the minor and the receipt of such person for the amount paid shall be a sufficient discharge thereof

4) If the person to whom any amount is to be paid under these Rules is a lunatic for whose estate a manager under the Indian Lunacy Act, 1912 (4 of 1912) has been appointed, the payment shall be made to such manager. If no such manager has been appointed the payment shall be made to the natural guardian of the lunatic and in the absence of any such natural guardian such person as the Secretary, where the amount does not exceed Rs 20,000/- or the Chairman, where the amount exceeds Rs 20,000/- considered to be the proper person representing the lunatic and the receipt of such person for the amount paid shall be a sufficient discharge thereof.

5) If it is brought to the notice of the Secretary that posthumous child is to be born to the deceased member he shall retain the amount which will be due to the child in the event of its being born alive and distribute the balance. If subsequently no child is born or the child is still-born, the amount retained shall be distributed in accordance with the provisions of Rule 60.

6) a) The employer shall, at the time when a member of the Fund leaves the service, be required to get the claim application, for payment of provident fund in cases specified in clause (a) to (e) of sub-rule (1) , and clause (a) of sub-rule (2) of Rule 60 duly filled in and attested and to forward the said application to the Secretary.

2. The employer shall, at the time when a member of the Fund leaves the service, be required to get the claim application for payment of provident fund in cases specified in clause (f) of sub-rule (1) and in clause (b) sub-rule (2) of Rule 60 duly filled in and attested, and to give the said application to the member, for submission, on completion of the period specified in clause (b) of sub-rule (2) of Rule 60 provided the member continues to remain unemployed in a factory or other establishment to which the Act applies, either through post or in person with proper identification to the Secretary.

3. The employer shall, on the death of the member and on receipt of an application for receiving the amount standing to the credit of such member, forward forthwith the said application to the Secretary.

4. If the applicant is unable to send the claim application through the employer or duly attested by him, for any reason whatsoever, he may forward it to the Secretary and wherever necessary, the Secretary may forward such application to the employer and the employer shall be required to return it within five days of its receipt.

5. The payment may be made, at the option of the person to whom payment is to be made (i) by postal money order, or (ii) by deposit in the payee's bank account in any Scheduled Bank or any Co-operative Bank (including the Urban Co-operative Banks) or any Post Office, or (iii) through the employer;

Provided that where the provident fund amount payable by postal money order exceeds Rs.500/- it shall be remitted at the cost of the payee.

7) Any amount becoming due to a member as a result of:(i) supplementary contribution from the employer in respect of leave wages/arrears of pay, installment of arrear contribution received in respect of a member whose claim has been settled on account but which could not be remitted for want of latest address, or (ii) accumulation in respect of any member who has either ceased to be employed or died, but no claim has been preferred within a period of three years from the date it becomes payable, or if any amount remitted to a person, is received back undelivered, and it is not claimed again within a period of three years from the date it becomes payable shall be transferred to an account to be called the 'Unclaimed Deposits Account':

Provided that in the case of a claim for the payment of the said balance the amount shall be paid by debiting the 'Unclaimed Deposits Account'.

8) The claims, complete in all respect submitted alongwith the requisite documents shall be settled and benefit amount will be paid to the beneficiary within 30 days from the date of it’s receipt.

62 Capital Reserve Account and its Utilization:
A Capital Reserve Account shall be maintained in the books of the Fund to which shall be credited any profit arising from the sale of securities. There shall likewise be debited to the Capital Reserve Account any loss arising from the sale of securities.

The Board at its discretion may utilize the amount lying at credit in the Capital Reserve Account for the following purposes;-

1. To maintain a higher rate of interest on the members account at least at par with the rate of interest declared by the Government of India under the Employees' Provident Funds Scheme, 1952;

2. To make good the capital loss to the Fund on account of purchases/sale/redemption of securities;

3. To meet the money order commission in connection with remittance of provident fund consequent on settlement of claims to the members or their family members in case of a deceased member; and

4. Adhoc payment of Rs. 30/- to the heirs of deceased member as an aid for procuring a succession/guardianship certificate.

63 i) Employees' Family Pension Scheme, 1971/1995:
The employees' Family Pension Scheme, 1971/EPS-1995 will be applicable to the members of the Fund. The Company shall ensure compliance of the provisions of the said Scheme with the Regional provident Fund Commissioner.

ii) Employees' Deposit Linked Insurance Scheme,1976:
The employees' Deposit Linked Insurance Scheme, 1976 will be applicable to the members of the Fund. The Company shall ensure compliance with the said scheme.

64 Protection against attachment:
1) The amount standing to the credit of any member in the Fund shall not in way be capable of being assigned or charged and shall not be liable to attachment under any decree of order of Court in respect of any debit or liability incurred by the member and neither the official assignee appointed under the Presidency-Towns Insolvency Act, 1909 nor any receiver appointed under the Provincial Insolvency Act, 1920 shall be entitled to, or have any claim on, any such amount.

2) Any amount standing to the credit of a member in the Fund at the time of his death payable to his nominee under these Rules of the Fund shall, subject to any deduction authorized by the Rules, vest in the nominee and shall be free from any debt or other liability incurred by the deceased or the nominee before the death of the member and shall also not be liable to attachment under any decree or order of any court.

65 Supply of Copies of Rules:
The Board shall supply to each office/unit/establishment of the Company a copy of these rules for reference by member and also display one copy on the notice board of the Company.

66 Trustees' Power to amend Rules:
The Trustees shall have full power, with the consent of the Company in writing, to add, repeal, alter or amend these Rules with prior approval of the Commissioner/Commissioner of Income-tax.

Provided that no such addition or alteration shall adversely affect the rights of any member of the Fund.

67 Inspection of Cards and Records by the Commissioner:
The Secretary shall, whenever the Commissioner or any Officer authorized by him in this behalf so requests either in person or by notice in writing, produce before the Commissioner or the Officer as the case may be, any account books or records of the Fund, and if so required by the said Commissioner or Officer, shall deliver such records to the said Commissioner or Officer who may, if he thinks fit, retain the records provided that he shall grant a receipt for every record retained by him.

68 Arbitration:
Any dispute or difference between the member or his executor, administrators, nominees, representatives and the employer or Trustees regarding Provident Fund shall be referred to the Regional Provident Fund Commissioner/Commissioner of Income-tax whose decision shall be final. If any dispute arises as to the meaning or applicability of any of the provisions in these Rules such matter shall be referred to the Regional Provident Fund Commissioner whose decision shall be final in the matter.

69 Disposal of the Fund:
Subject to the provisions of these Rules, the Fund shall not be expended for any purpose other than for the payment of sums standing to the credit of individual members of the Fund or to their nominees or heirs or legal representatives in accordance with the provisions of these Rules.

70 Winding up:
It shall be lawful for the Trustees at any time on giving a month's notice in writing to all members of the Fund to wind up the Fund in which case the Trustees shall on expiry of the period of such notice realize all securities and make up the books and after payment of all costs and expenses of winding up and otherwise the moneys of the Fund shall be distributed amongst the persons who shall be members at the time of commencement of such winding up in proportion to the balances at the time of making of the books standing to their credit therein. In case of the Fund being wound up on account of the Company going into liquidation, the employees' contribution of the Provident Fund will have top priority over all other dues.

Provided that the winding up of the Fund will not be made without the prior approval of the Regional Provident Fund Commissioner/Commissioner of Income-tax.

71 Provision for Residency matters:
In case these Rules are silent on any matter or are not in conformity with the provisions of the Act and the Scheme, the provisions of the later shall prevail.

72 Interpretation:
In these Rules, words in the singular number shall include the plural and vice-versa. Words in the masculine gender shall include the feminine.