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Bare acts > Telecom Regulatory Authority of India (Contributory Provident Fund) Rules, 2003 > Rule 27
 
  


 

27. Final withdrawal of accumulations in the Fund.- When a subscriber quits the service, the amount standing to his credit in the Fund shall, subject to any deduction under rule 31, become payable to him:

Provided that a subscriber, who has been dismissed from the service and is subsequently reinstated in the service shall, if required to do so by the Authority repay any amount paid to him from the Fund in pursuance of this rule, with interest thereon at the rate provided in rule 20 in the manner specified in the proviso to rule28. The amount so repaid shall be credited to his account in the Fund, the part which represents his subscriptions and interest thereon, and the part which represents Authority’s contribution with interest thereon, being accounted for in the manner specified in rule 15.

Explanation No I: A subscriber, other than one who is appointed on contract or one who has retired from service and is subsequently re-employed , with or without a break in service, shall not be deemed to quit the service, when he is transferred without any break in service to a new post either under the Central Government or a State Government (in which he is governed by another set of Provident Fund Rules) and without retaining any connection with his former post. In such a case, his subscription and the Authority’s contribution together with interest thereon shall be transferred-

(a) to his account in the other Fund in accordance with the rules of that Fund, if the new post is in any other department of the Central Government, or

(b) to a new account under the State Government concerned if the new post is under a State Government and the State Government consents, by general or special order, to such transfer of his subscriptions, the Authority’s contribution and interest.

NOTE: Transfers shall include cases of resignation from service in order to take up appointment in either under the Central Government or a State Government without any break and with permission of the Authority. In case there has been a break in service it shall be limited to the joining time allowed on transfer to a different station.

The same shall hold good in cases of retrenchments followed by immediate employment whether under the same or different Government.

Explanation No. II: When a subscriber, other than one who is appointed on contract or one who has retired from service is subsequently re-employed, is transferred without any break, to the service under a body corporate owned or controlled by Government, or an autonomous Organisation, registered under the Societies Registration Act, 1860, the amount of subscriptions and the Authority’s contribution together with interest thereon, shall not be paid to him but shall be transferred with the consent of that body, to his new Provident Fund Account under the body.

Transfers shall include cases of resignation from service in order to take up appointment under a body corporate owned or controlled by Government or an autonomous Organisation, registered under the Societies Registration Act, 1860, without any break and with proper permission of the Authority. The time taken to join the new post shall not be treated as a break in service if it does not exceed the joining time admissible to a subscriber on transfer from one post to another:

Provided that the amount of subscription and the Authority’s contribution together with interest thereon, of a subscriber opting for service under a Public Enterprise may, if he so desires, be transferred to his new Provident Fund Account under the Enterprise if the concerned Enterprise also agrees to such transfer. If, however, the subscriber does not desire the transfer or the concerned Enterprise does not operate a Provident Fund, the amount aforesaid shall be refunded to the subscriber.

 

 

 

 

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