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Questions and Answers
What is the effect of making a payment authorized by sub-section (1) on the Government's liabilities?
What is the effect of making a payment authorized by sub-section (1) on the Government's liabilities?
- It fully discharges the Government from liability for the amount paid. (correct)
- It increases the liability of the Government.
- It partially discharges the Government from liability.
- It has no effect on the Government's liability.
Under what condition does a nomination become invalid?
Under what condition does a nomination become invalid?
- The nominee passes away before the subscriber. (correct)
- The subscriber revokes it in writing.
- It fails to comply with legal requirements.
- A new valid nomination is made by the subscriber. (correct)
Who becomes entitled to receive the sum upon the subscriber's death, assuming a valid nomination exists?
Who becomes entitled to receive the sum upon the subscriber's death, assuming a valid nomination exists?
- Any relative of the subscriber.
- The person specified in the nomination. (correct)
- The Government or Railway administration.
- The estate of the subscriber.
What happens if the subscriber or depositor makes a new nomination?
What happens if the subscriber or depositor makes a new nomination?
What is the consequence when a person nominated predeceases the subscriber?
What is the consequence when a person nominated predeceases the subscriber?
How does the Indian Succession Act, 1925 interact with the rights of a nominee?
How does the Indian Succession Act, 1925 interact with the rights of a nominee?
If a nomination has provision for another person in case of the nominee's death, what happens upon that death?
If a nomination has provision for another person in case of the nominee's death, what happens upon that death?
What is the maximum period that rules made by the Central Government must be laid before each House of Parliament?
What is the maximum period that rules made by the Central Government must be laid before each House of Parliament?
Under what condition can a rule made by the Central Government be modified or annulled?
Under what condition can a rule made by the Central Government be modified or annulled?
What protection is offered to persons performing acts under this Act?
What protection is offered to persons performing acts under this Act?
To which Provident Funds can the Act's provisions apply according to the content?
To which Provident Funds can the Act's provisions apply according to the content?
What authority does the appropriate Government have regarding the addition of public institutions to the schedule?
What authority does the appropriate Government have regarding the addition of public institutions to the schedule?
What is the meaning of 'Government contribution' as defined in the context?
What is the meaning of 'Government contribution' as defined in the context?
What does 'prescribed' mean in this context?
What does 'prescribed' mean in this context?
Under what condition can a Central Government officer access government contributions after retirement?
Under what condition can a Central Government officer access government contributions after retirement?
What happens if a Central Government officer takes up commercial employment without prior permission?
What happens if a Central Government officer takes up commercial employment without prior permission?
What is meant by 'date of retirement' for an officer re-employed in government service?
What is meant by 'date of retirement' for an officer re-employed in government service?
What is required for a Central Government officer to take up commercial employment during leave preparatory to retirement?
What is required for a Central Government officer to take up commercial employment during leave preparatory to retirement?
Which entity has the authority to grant permission for a Central Government officer to take up commercial employment?
Which entity has the authority to grant permission for a Central Government officer to take up commercial employment?
What must be included in the application for permission to take up commercial employment?
What must be included in the application for permission to take up commercial employment?
What is the consequence if permission is refused when applying to take up commercial employment?
What is the consequence if permission is refused when applying to take up commercial employment?
Which of the following is true regarding employment under government control?
Which of the following is true regarding employment under government control?
Which statement correctly reflects the provisions regarding nominations made before the commencement of the Provident Funds (Amendment) Act, 1946?
Which statement correctly reflects the provisions regarding nominations made before the commencement of the Provident Funds (Amendment) Act, 1946?
Under what condition may deductions be made from a subscriber's account in a Provident Fund?
Under what condition may deductions be made from a subscriber's account in a Provident Fund?
What is the maximum amount that can be deducted from a contributor's account for liabilities owed to the government?
What is the maximum amount that can be deducted from a contributor's account for liabilities owed to the government?
Which of the following situations would allow for a deduction from a subscriber's Provident Fund account?
Which of the following situations would allow for a deduction from a subscriber's Provident Fund account?
What happens to the provisions if a subscriber has already received payment before the commencement of the Act?
What happens to the provisions if a subscriber has already received payment before the commencement of the Act?
What impact does resignation within five years have on deductions from the Provident Fund?
What impact does resignation within five years have on deductions from the Provident Fund?
If an employee resigns from their job, what rules apply regarding deductions?
If an employee resigns from their job, what rules apply regarding deductions?
Which of these statements regarding the amendment provision is false?
Which of these statements regarding the amendment provision is false?
What are the consequences if a subscriber's account accumulates liabilities owed to the government?
What are the consequences if a subscriber's account accumulates liabilities owed to the government?
What happens if a former Central Government officer takes up commercial employment without permission within two years of retirement?
What happens if a former Central Government officer takes up commercial employment without permission within two years of retirement?
Which of the following factors does the Central Government consider when making an order regarding an officer's employment?
Which of the following factors does the Central Government consider when making an order regarding an officer's employment?
What is required before the Central Government can declare that a retired officer is not entitled to certain contributions?
What is required before the Central Government can declare that a retired officer is not entitled to certain contributions?
If an officer does not refund the amount specified in the order within the prescribed period, what can happen?
If an officer does not refund the amount specified in the order within the prescribed period, what can happen?
What must the Central Government do after passing an order regarding an officer's contributions?
What must the Central Government do after passing an order regarding an officer's contributions?
How does the law ensure that the officer's rights are considered before an order is made?
How does the law ensure that the officer's rights are considered before an order is made?
What types of employment are officers prohibited from taking up without permission?
What types of employment are officers prohibited from taking up without permission?
Which statement best describes the nature of the financial consequences for the officer regarding their government contributions?
Which statement best describes the nature of the financial consequences for the officer regarding their government contributions?
What happens to the provisions of this section in relation to any other provisions of the Act or applicable rules?
What happens to the provisions of this section in relation to any other provisions of the Act or applicable rules?
Which of the following is NOT a consideration for the Central Government when declaring an officer's entitlement to contributions?
Which of the following is NOT a consideration for the Central Government when declaring an officer's entitlement to contributions?
What is a compulsory deposit in the context of a Provident Fund?
What is a compulsory deposit in the context of a Provident Fund?
Which best fits the definition of 'dependent' as specified in the Provident Funds Act, 1925?
Which best fits the definition of 'dependent' as specified in the Provident Funds Act, 1925?
What characterizes a 'contributory Provident Fund'?
What characterizes a 'contributory Provident Fund'?
What distinguishes a 'Government Provident Fund' from other types of funds?
What distinguishes a 'Government Provident Fund' from other types of funds?
Which statement accurately defines a 'Railway Provident Fund'?
Which statement accurately defines a 'Railway Provident Fund'?
How is the concept of 'contribution' defined in the context of a Provident Fund?
How is the concept of 'contribution' defined in the context of a Provident Fund?
Which of the following is mentioned as a specific kind of authority in relation to the management of Provident Funds?
Which of the following is mentioned as a specific kind of authority in relation to the management of Provident Funds?
Which statement correctly defines 'commercial employment' in the context of Central Government officers after retirement?
Which statement correctly defines 'commercial employment' in the context of Central Government officers after retirement?
What condition must be met for a Central Government officer to avoid repercussions when taking up commercial employment?
What condition must be met for a Central Government officer to avoid repercussions when taking up commercial employment?
Which of the following scenarios would lead to an unfair advantage for a client, according to the stipulations regarding commercial employment?
Which of the following scenarios would lead to an unfair advantage for a client, according to the stipulations regarding commercial employment?
What role does the Central Government play regarding officers seeking to take up commercial employment?
What role does the Central Government play regarding officers seeking to take up commercial employment?
Under which circumstance can a Central Government officer's practice be set up without jeopardizing their previous roles?
Under which circumstance can a Central Government officer's practice be set up without jeopardizing their previous roles?
What limitation is imposed on compulsory deposits within Government or Railway Provident Funds?
What limitation is imposed on compulsory deposits within Government or Railway Provident Funds?
Which party has no claim on a subscriber's compulsory deposit under insolvency provisions?
Which party has no claim on a subscriber's compulsory deposit under insolvency provisions?
Upon the death of a subscriber, who is primarily entitled to receive the sums standing to the credit of the subscriber?
Upon the death of a subscriber, who is primarily entitled to receive the sums standing to the credit of the subscriber?
What must happen to debts incurred by a deceased subscriber or dependent regarding the sums in the fund?
What must happen to debts incurred by a deceased subscriber or dependent regarding the sums in the fund?
What happens to a compulsory deposit if the subscriber dies and there is a surviving assignee from a previous assignment?
What happens to a compulsory deposit if the subscriber dies and there is a surviving assignee from a previous assignment?
Under what condition may deductions be made from a subscriber's Provident Fund account for liabilities?
Under what condition may deductions be made from a subscriber's Provident Fund account for liabilities?
What does the term 'dependent' refer to by law in the context of the Provident Fund?
What does the term 'dependent' refer to by law in the context of the Provident Fund?
Which of the following statements is incorrect regarding the treatment of compulsory deposits at the time of a subscriber's death?
Which of the following statements is incorrect regarding the treatment of compulsory deposits at the time of a subscriber's death?
What does the phrase 'subject to any deduction authorized by the Act' imply regarding compulsory deposits?
What does the phrase 'subject to any deduction authorized by the Act' imply regarding compulsory deposits?
What is the maximum sum that can be paid to a nominated person without requiring probate or letters of administration?
What is the maximum sum that can be paid to a nominated person without requiring probate or letters of administration?
Which document is required for a person to claim a deceased subscriber's balance if there is no nomination?
Which document is required for a person to claim a deceased subscriber's balance if there is no nomination?
In the case of assignment made prior to the commencement of the Act, what is required before payment can be made to the assignee?
In the case of assignment made prior to the commencement of the Act, what is required before payment can be made to the assignee?
What happens if consent for payment to the assignee is not forthcoming?
What happens if consent for payment to the assignee is not forthcoming?
Which of the following individuals may receive payment of the subscriber's sum after death, if no nomination exists?
Which of the following individuals may receive payment of the subscriber's sum after death, if no nomination exists?
Under what circumstance will the officer withhold payment of the subscriber's balance?
Under what circumstance will the officer withhold payment of the subscriber's balance?
When can an officer make payment to a dependent under Section 3?
When can an officer make payment to a dependent under Section 3?
What happens first before any payments are made if an assignment notice has been received?
What happens first before any payments are made if an assignment notice has been received?
Which clause allows payment to a person authorized to receive funds on behalf of a dependent?
Which clause allows payment to a person authorized to receive funds on behalf of a dependent?
What is required from a person nominated to receive payment in terms of documentation?
What is required from a person nominated to receive payment in terms of documentation?
What does the amended provision of the Provident Funds (Amendment) Act, 1946 not affect?
What does the amended provision of the Provident Funds (Amendment) Act, 1946 not affect?
Under what circumstance is the total amount of contributions to be deducted from a subscriber's account restricted?
Under what circumstance is the total amount of contributions to be deducted from a subscriber's account restricted?
What happens if a subscriber resigns their employment within five years and is subject to deductions?
What happens if a subscriber resigns their employment within five years and is subject to deductions?
Which option would be considered a valid basis for deducting from a Government or Railway Provident Fund?
Which option would be considered a valid basis for deducting from a Government or Railway Provident Fund?
What is the impact of the amended provisions regarding cases where a sum has already been paid?
What is the impact of the amended provisions regarding cases where a sum has already been paid?
Which of the following describes the authority's role in making deductions from a subscriber's account?
Which of the following describes the authority's role in making deductions from a subscriber's account?
In what case would the rules specify that a portion of the subscriber's contributions may be deducted?
In what case would the rules specify that a portion of the subscriber's contributions may be deducted?
What key condition underlies the amendments regarding nominations made prior to the Act's commencement?
What key condition underlies the amendments regarding nominations made prior to the Act's commencement?
What stipulation does the Act lay out regarding the deduction limitations based on the subscriber's account activity?
What stipulation does the Act lay out regarding the deduction limitations based on the subscriber's account activity?
Flashcards
Payment Discharge
Payment Discharge
Full release of the Government or railway administration from liability for a sum paid by a subscriber/depositor.
Nominee Rights
Nominee Rights
A nominated person's right to receive funds, or part of them, upon the death of the subscriber/depositor, overriding other claims.
Nomination Variation
Nomination Variation
Modifying a nomination by creating a new nomination or cancelling the original one according to fund rules.
Invalid Nomination
Invalid Nomination
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Successive Nomination
Successive Nomination
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Payment to Nominee
Payment to Nominee
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Nominee Precedent Death
Nominee Precedent Death
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Provident Fund Nomination
Provident Fund Nomination
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Provident Fund Amendment Act, 1946
Provident Fund Amendment Act, 1946
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Applicable to previous nominations
Applicable to previous nominations
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Deductions from Provident Fund
Deductions from Provident Fund
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Debt Liability
Debt Liability
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Subscriber/Depositor
Subscriber/Depositor
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Contributory Provident Fund
Contributory Provident Fund
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Dismissal from Employment
Dismissal from Employment
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Resignation within 5 years
Resignation within 5 years
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Government Contribution
Government Contribution
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Provident Fund (Amendment) Act, 1975
Provident Fund (Amendment) Act, 1975
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Local Authority
Local Authority
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Commercial Employment
Commercial Employment
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Central Government Officer
Central Government Officer
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Prior Permission
Prior Permission
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Date of Retirement
Date of Retirement
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Leave Preparatory to Retirement
Leave Preparatory to Retirement
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Prescribed
Prescribed
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Order in Writing
Order in Writing
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Commercial Employment Restriction
Commercial Employment Restriction
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Permission for Commercial Employment
Permission for Commercial Employment
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Penalty for Breach
Penalty for Breach
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Order of Declaration
Order of Declaration
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Refund of Contributions
Refund of Contributions
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Officer's Opportunity
Officer's Opportunity
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Factors for Order
Factors for Order
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Recovery of Refund
Recovery of Refund
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Communicating the Order
Communicating the Order
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Overriding Effect
Overriding Effect
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Parliamentary Review of Rules
Parliamentary Review of Rules
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Good Faith Protection
Good Faith Protection
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Applying Act to Local Authority Funds
Applying Act to Local Authority Funds
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Applying Act to Other Institutions
Applying Act to Other Institutions
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Adding Institutions to Schedule
Adding Institutions to Schedule
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Provident Fund
Provident Fund
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Compulsory Deposit
Compulsory Deposit
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Contribution
Contribution
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Government Provident Fund
Government Provident Fund
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Railway Provident Fund
Railway Provident Fund
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Railway Administration
Railway Administration
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Dependent
Dependent
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Compulsory Deposit Protection
Compulsory Deposit Protection
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Deceased Deposit Protection
Deceased Deposit Protection
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Provident Fund Repayments
Provident Fund Repayments
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Act and Rule Application
Act and Rule Application
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Commercial Employment for Retired Officers
Commercial Employment for Retired Officers
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Penalties for Commercial Employment Rule Violations
Penalties for Commercial Employment Rule Violations
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Parliamentary Review of Provident Fund Rules
Parliamentary Review of Provident Fund Rules
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Nomination Validity
Nomination Validity
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Debt Limit
Debt Limit
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Dismissal Deduction
Dismissal Deduction
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Resignation Deduction
Resignation Deduction
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Provident Fund (Amendment) Act, 1946 Impact
Provident Fund (Amendment) Act, 1946 Impact
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Government or Railway Debt
Government or Railway Debt
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Fund Rule Compliance
Fund Rule Compliance
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Subscriber Responsibility
Subscriber Responsibility
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Dependent's Rights
Dependent's Rights
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Probate or Letters of Administration
Probate or Letters of Administration
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Assignment of Provident Fund
Assignment of Provident Fund
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Penalty for Commercial Employment Breach
Penalty for Commercial Employment Breach
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Study Notes
Provident Funds Act, 1925
- Short title, extent and commencement:
- Act called the Provident Funds Act, 1925
- Applies to whole of India, excepting Jammu and Kashmir
- Enters into force on a date notified by the Central Government
Definitions
- Compulsory deposit: A subscription/deposit not immediately refundable, typically for insurance or pensions
- Contribution: Funds added to a Provident Fund account.
- Contributory Provident Fund: Fund where members contribute.
- Dependent: Specific relatives of a deceased depositor/subscriber (e.g., spouse, children)
- Government Provident Fund: Provident Fund managed by the central government or a state government.
- Provident Fund: Funds receiving contributions/deposits from employees
- Railway Administration: Businesses that manage railways/tramways, whether private company or government-owned.
- Railway Provident Fund: Provident Fund administered by a railway administration
Protection of Compulsory Deposits
- Compulsory deposits in government or railway provident funds are not assignable or subject to attachment by courts.
Provision Regarding Repayments
- If a sum is due to a subscriber or depositor in a government or railway provident fund, it will be paid to the subscriber or depositor or to the person named in their application.
- If a subscriber or depositor dies, the payment goes to a dependent or a person authorized by law, unless there's a prior nomination.
- The government or railway administration is discharged from further obligation once a payment is made.
Rights of Nominees
- If a subscriber/depositor nominates someone to receive funds upon their death, that nominee takes priority unless overridden by another valid nomination or cancellation.
- Circumstances may exist where the nomination is no longer valid (e.g., death of nominee, modification of nomination)
Power to make deductions
- From the payable sum of a subscriber/depositor, amounts owed to the government or railway administration can be deducted (but not over a set limit tied to contributions).
- Deductions can be for debts accrued or for dismissal or resignation within 5 years of employment.
Withholding/Recovery of Government Contributions
- Addresses circumstances where government officers take up commercial employment within two years of retirement without prior permission.
- Defines specific terms like "Central Government officer," "Commercial employment".
- Includes provisions for permission, refusal, reasons, and consequences for taking up such employment without permission.
Protection for Acts in Good Faith
- Legal action cannot be taken against someone acting in good faith under the provisions of this act.
Power to apply the act to other provident funds
- The appropriate government can extend the act to other provident funds (excluding Section 6A) established by local authorities or specified institutions on the making of a declaration.
- The act then applies as if the funds were government provident funds, and the relevant authority manages them.
- Schedule of institutions for whom this potentially applies.
Repeals
- Certain sections, now obsolete, are repealed.
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