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Bare acts > Telecom Regulatory Authority of India (Contributory Provident Fund) Rules, 2003 > Rule 32


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

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

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

(3) Payments of the amount withdrawn shall be made in India only.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

(i) to enable a subscriber to submit an application for withdrawal of the amount in the Fund, the Senior Research Officer (Administration and Legal), of the Authority, shall send to every subscriber necessary forms either one year in advance of the date on which the subscriber attains the age of superannuation, or before the date of his anticipated retirement, if earlier, with instructions that they should be returned to him duly completed within a period of one month from the date of receipt of the forms by the subscriber. The subscriber shall submit the application to the Secretary of the Board through the Senior Research Officer (Administration and Legal), of the Authority, for payment of the amount in the Fund. The application shall be made,-

(A) for the amount standing to his credit in the Fund as indicated in the Accounts Statement for the year ending one year prior to the date of his superannuation, or his anticipated date of retirement, or

(B) for the amount indicated in his ledger account in case the Accounts Statement has not been received by the subscriber.

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

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

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

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





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