PROVISIONS OF THE EMPLOYEES' PROVIDENT FUND SCHEME 1952 ON SETTLEMENT OF EMPLOYEES' PROVIDENT FUND CLAIMS For reading material refer : Employees' Employees' Provident Fund Scheme, Scheme, '52 - para 69 , 70 , 72(1) , 72(2) , 72(3) , 72(3A) , 72(4).
Forms prescribed for claiming the Provident Fund dues : By a member :through Form 19 On death of member by nominee/family member(s)/legal heirs: through Form 20 SETTLEMENT UNDER PARA 69-TO MEMBER: THROUGH FORM No.19 Immediate settlement without waiting Settlement only after a waiting period of 2 months period of two months 69(1)(e)(i) transfer of a non retrenched employee 69(1)(a) Retirement after attaining 55 years of from a closed establishment to uncovered age. establishment. 69(1)(b) Retirement on account of total and 69(1)(e)(ii) Transfer of an employee from a permanent incapacity due to bodily or mental covered establishment to an un-covered infirmity . establishment under the same employer. 69(1)(d) Termination of service on 69(2) Other cases viz. Resignation, Leaving retrenchment. service, etc. Note: For female members leaving service for the purpose of getting married; waiting period not 69(1)(dd) Termination on V.R.S applicable. 69(1)(c) Migration from India for permanent 69(1)(e)(iii) Members discharged & retrenchment settlement abroad or taking compensation paid under I.D. Act 1947. emplo employm ymen entt abroa abroad. d. Settlement under para 70: (Accumulation of a deceased member) through Form No. 20
70(i) If a nomination exists, payment is made to the nominee in accordance with Form 2(R) . (Nomination and Declaration Form). 70(ii) If no nomination subsists, payment is to be made to every member of his family (as defined under para-2(g) of Employees' Provident Fund Scheme 1952) in equal share. For the purpose of this paragraph, a member's posthumous child, if born alive , shall be treated as a surviving child, born before the member's death. But the following will not be eligible for any share, if other family members are available to receive the accumulations. 1. Majo Majorr son sons ,
2. Major sons of a deceased son , 3. Married daughters whose husbands are alive , 4. Married daughter of a deceased son whose husbands are alive. 70(iii) In cases where para 70(i), 70(ii) , does not apply, the payment is to be made to the person who is legally entitled to it, vide para 70(iii). In case there is no nominee and also there is no person entitled to receive the amount, if the amount to the credit of the fund does not exceed Rs. 10,000/-, the Commissioner may pay such amount to the claimant after enquiry and after satisfying the title of the claimant. When the payment is to be made to a minor, it is payable to :
1. 2. 3. 4.
The Guardian appointed under Guardian and Wards Act 1890 , failing (a), to The Guardian appointed by the member as per para 61(4A), failing (a),(b), to To the natural guardian of the minor, failing (a) (b) (c), to To the person , considered to be the proper person by the commissioner when the amount not exceeding Rs.20,000/- or the person considered to be the proper person , by the Chairman , C.B.T where the amount exceeds Rs. 20,000/- . Para-72(3)
When the payment is to be made to a lunatic person , it is payable to:
1. The Manager appointed for the minor's estate under Indian Lunacy Act ,1912 failing (a), 2. The natural guardian of the lunatic, failing (a)(b), 3. To the person considered by the Commissioner as proper person , amount not exceeding Rs.20,000/- or to person considered by Chairman C.B.T as proper person amount exceeding Rs. 20,000/-. Para-72(3A) Note: Maximum amount payable by money order is Rs.2000/- and beyond that by cheque. If the amount is beyond Rs. 500/-, the M.O. cost will be borne by the claimant. Para 70(A):
If a person entitled to received a share in the Provident Fund accumulations of a deceased member is charged with committing the murder of the member or with abetting the crime, the share payable to such person shall be retained till the case is finalised . If, subsequently he/she is exonerated, the share will be paid to him/her. If such a person is found guilty and convicted, the share will be paid equally to other person(s) entitled to receive the accumulations. WITHDRAWALS Types of Benefit Eligibility 5 Years of The purchase of membership of site for the Fund construction of (Minimum house balance in
Eligible Amount Form Documentary Support l 24 months wages A declaration from the member (Basic & DA) that, dwelling site or dwelling OR No.31 house/flat or the house under l Member’s own construction is free from share of encumberances and the same is
member’s a/c should be Rs. 1000/-) * The purchase should be in favour of member or member spouse. 5 Years of membership of the Fund (Minimum balance in The member’s a/c Construction of should be Rs. House 1000/-) * The purchase should be in favour of member or member & spouse. The purchase of 5 Year of dwelling flat membership of the Fund (Minimum balance in member’s a/c should be Rs. 1000/-) * The purchase should be in favour of member or member & spouse. Additions, 5 years from the Alterations or date of improvements to completion of the dwelling dwelling house house
contribution + Company’s share of Contribution with interest thereon
under the title of the member or the spouse (notification dated 25.2.2000)
l 36 months wages No.31 (Basic+DA) OR l Members own share of contribution + Company’s share of contribution with interest thereon
A declaration from the member that, dwelling site or dwelling house/flat or the house under construction is free from encumberances and the same is under the title of the member or the spouse (notification dated 25.2.2000)
l 36 months wages No.31 (Basic+DA) OR l Members own share of contribution + Company’s share of contribution with interest thereon
A declaration from the member that, dwelling site or dwelling house/flat or the house under construction is free from encumberances and the same is under the title of the member or the spouse (notification dated 25.2.2000)
12 months basic or No.31 members own share of contribution with thereon.
68 BB : REPAYMENT OF LOAN
Types of Benefit Advance from the fund for repayment of loan
Eligibility
Eligible Amount
Form Documentary Support
10 years membership of the fund & member should have taken loan from Govt. Body
36 month wages (Basic No.31 A certificate from the + DA) lending authority OR furnishing the details of Members own share of loan and outstanding Contribution + amount. Company’s share of Contribution with interest thereon.
68 J : ADVANCE FROM FUND FOR ILLNESS Types of Benefit
Eligibility
Advance from the fund for illness viz. hospitalisation for more than a month, major surgical operation or suffering from TB, Leprosy, Paralysis, Cancer, Heart ailment etc.
Stay in Hospital at least for a month
Eligible Amount 6 moths wages (Basic + DA)
Form Documentary Support
No.31 A certificate from the Medical Practitioner for hospitalisation or operation.
68 K : ADVANCE FROM THE FUND FOR MARRIAGE Types of Benefit
Eligible Amount l 7 years membership of l 50% of the fund & minimum member’s own balance in member’s share of account should be Rs. contribution 1000/Eligibility
l Advance from the fund for Marriage of self/son/daughter/ sister/brother etc. l Advance from the fund for education of Son/Daughter
Documentary Support No.31 Declaration by the member which is attested by the employer. Form
68L : ADVANCE IN ABNORMAL CONDITIONS Types of Benefit
Eligibility
Eligible Amount
Grant of advance in abnormal conditions, Natural calamities etc.
l Certificate of damage from appropriate authority. l State Govt. declaration.
l Rs. 5000/- or 50% of member’s own share of contribution (To apply within 4 months)
Documentary Support No.31 l Certificate from the Appropriate Authority. Form
68 M : ADVANCE TO MEMBER AFFECTED BY CUT IN THE SUPPLY OF ELECTRICITY
Eligible Documentary Form Amount Support Grant of advance l The advance may be granted only l Wages No.31 Certificate from State to members to a member whose total wages for for a Govt. regarding cut in affected by cut in any one month commencing from the month the supply of th the supply of month of January 1973 were 3/4 or OR electricity. th electricity less than 3/4 of wages for a month l Rs.300/Types of Benefit Eligibility
68 N : GRANT OF ADVANCE TO MEMBERS WHO ARE PHYSICALLY HANDICAPPED Documentary Types of Benefit Eligibility Eligible Amount Form Support To Physically Production of Basic wages+ DA No.31 Certificate from the Handicapped member medical certificate from a for six months Medical practitioner for purchase of an competent medical or own share of to the effect that the equipment required to practitioner to the effect contribution with member is physically minimize the hardship that he is physically interest or cost of handicapped.. on account of handicapped equipment which handicap. ever is least. Note: For calculation/ computing the period of membership U/P 68B, 68BB, 68K, total service exclusive of periods of break under the same employer before the scheme is applied to him, as well as period of membership of the fund is always included.
