Provident Funds Act, 1925 Quiz

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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?

  • 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?

  • 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?

  • 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?

<p>The new nomination cancels all previous nominations. (A)</p> Signup and view all the answers

What is the consequence when a person nominated predeceases the subscriber?

<p>The nomination becomes void and ineffective. (A)</p> Signup and view all the answers

How does the Indian Succession Act, 1925 interact with the rights of a nominee?

<p>It does not affect the rights of persons entitled under a valid nomination. (D)</p> Signup and view all the answers

If a nomination has provision for another person in case of the nominee's death, what happens upon that death?

<p>The right passes to the newly designated person. (C)</p> Signup and view all the answers

What is the maximum period that rules made by the Central Government must be laid before each House of Parliament?

<p>Thirty days (A)</p> Signup and view all the answers

Under what condition can a rule made by the Central Government be modified or annulled?

<p>If both Houses agree in making modifications (C)</p> Signup and view all the answers

What protection is offered to persons performing acts under this Act?

<p>They will not face legal action if the acts are done in good faith (C)</p> Signup and view all the answers

To which Provident Funds can the Act's provisions apply according to the content?

<p>Any Provident Fund established by local authorities or specified institutions (B)</p> Signup and view all the answers

What authority does the appropriate Government have regarding the addition of public institutions to the schedule?

<p>They can add institutions at their discretion via Official Gazette notification (B)</p> Signup and view all the answers

What is the meaning of 'Government contribution' as defined in the context?

<p>Contributions made by the Central, State Government, or local authority after 1975. (A)</p> Signup and view all the answers

What does 'prescribed' mean in this context?

<p>Defined by rules made by the Central Government via an official notification. (D)</p> Signup and view all the answers

Under what condition can a Central Government officer access government contributions after retirement?

<p>After obtaining prior permission from the Central Government if engaged in commercial employment within two years. (B)</p> Signup and view all the answers

What happens if a Central Government officer takes up commercial employment without prior permission?

<p>He or she will forfeit the government contributions. (D)</p> Signup and view all the answers

What is meant by 'date of retirement' for an officer re-employed in government service?

<p>The date he or she ceases re-employment in any government capacity. (C)</p> Signup and view all the answers

What is required for a Central Government officer to take up commercial employment during leave preparatory to retirement?

<p>The Central Government's prior permission must be obtained. (A)</p> Signup and view all the answers

Which entity has the authority to grant permission for a Central Government officer to take up commercial employment?

<p>The Central Government. (D)</p> Signup and view all the answers

What must be included in the application for permission to take up commercial employment?

<p>The reason for seeking employment. (C)</p> Signup and view all the answers

What is the consequence if permission is refused when applying to take up commercial employment?

<p>The officer may lose the right to the contributions permanently. (D)</p> Signup and view all the answers

Which of the following is true regarding employment under government control?

<p>It is excluded from the context of employment rights stipulated. (A)</p> Signup and view all the answers

Which statement correctly reflects the provisions regarding nominations made before the commencement of the Provident Funds (Amendment) Act, 1946?

<p>Nominees are unaffected by the Act if a sum has already been paid. (C)</p> Signup and view all the answers

Under what condition may deductions be made from a subscriber's account in a Provident Fund?

<p>If specified authorities direct the deduction. (B)</p> Signup and view all the answers

What is the maximum amount that can be deducted from a contributor's account for liabilities owed to the government?

<p>The total contributions and accrued interest, but not exceeding contributions. (A)</p> Signup and view all the answers

Which of the following situations would allow for a deduction from a subscriber's Provident Fund account?

<p>The subscriber has been dismissed from employment for specified reasons. (A)</p> Signup and view all the answers

What happens to the provisions if a subscriber has already received payment before the commencement of the Act?

<p>They are unaffected and remain valid. (A)</p> Signup and view all the answers

What impact does resignation within five years have on deductions from the Provident Fund?

<p>Full deductions of contributions are possible when specified. (B)</p> Signup and view all the answers

If an employee resigns from their job, what rules apply regarding deductions?

<p>Deductions can involve contributions made within five years of employment. (A)</p> Signup and view all the answers

Which of these statements regarding the amendment provision is false?

<p>It operates retrospectively to change existing nominations. (D)</p> Signup and view all the answers

What are the consequences if a subscriber's account accumulates liabilities owed to the government?

<p>Liabilities can be settled by deducting amounts from contributions. (B)</p> Signup and view all the answers

What happens if a former Central Government officer takes up commercial employment without permission within two years of retirement?

<p>They may not be entitled to part of the government contributions. (B)</p> Signup and view all the answers

Which of the following factors does the Central Government consider when making an order regarding an officer's employment?

<p>The officer's financial circumstances. (A)</p> Signup and view all the answers

What is required before the Central Government can declare that a retired officer is not entitled to certain contributions?

<p>The officer must be given a chance to show cause. (B)</p> Signup and view all the answers

If an officer does not refund the amount specified in the order within the prescribed period, what can happen?

<p>The amount can be recovered as arrears of land revenue. (A)</p> Signup and view all the answers

What must the Central Government do after passing an order regarding an officer's contributions?

<p>Communicate the order to the officer concerned. (D)</p> Signup and view all the answers

How does the law ensure that the officer's rights are considered before an order is made?

<p>By allowing the officer to contest the order. (C)</p> Signup and view all the answers

What types of employment are officers prohibited from taking up without permission?

<p>Any commercial employment. (B)</p> Signup and view all the answers

Which statement best describes the nature of the financial consequences for the officer regarding their government contributions?

<p>The government contributions may be partially unclaimed based on the order. (B)</p> Signup and view all the answers

What happens to the provisions of this section in relation to any other provisions of the Act or applicable rules?

<p>They take precedence over any contradictory provisions. (C)</p> Signup and view all the answers

Which of the following is NOT a consideration for the Central Government when declaring an officer's entitlement to contributions?

<p>The geographical location of the commercial job. (D)</p> Signup and view all the answers

What is a compulsory deposit in the context of a Provident Fund?

<p>A subscription or deposit that is not immediately repayable until a specified contingency occurs (A)</p> Signup and view all the answers

Which best fits the definition of 'dependent' as specified in the Provident Funds Act, 1925?

<p>Immediate family members including spouse, children, and parents (A)</p> Signup and view all the answers

What characterizes a 'contributory Provident Fund'?

<p>It requires contributions to be credited by an authority administering the fund (D)</p> Signup and view all the answers

What distinguishes a 'Government Provident Fund' from other types of funds?

<p>It is established by public authorities for specified classes of individuals (C)</p> Signup and view all the answers

Which statement accurately defines a 'Railway Provident Fund'?

<p>A fund created by railway administration for its employees (B)</p> Signup and view all the answers

How is the concept of 'contribution' defined in the context of a Provident Fund?

<p>Any amount credited by authorities as an addition to an individual's fund balance (B)</p> Signup and view all the answers

Which of the following is mentioned as a specific kind of authority in relation to the management of Provident Funds?

<p>An authority sanctioned by the Central Government or a State Government (A)</p> Signup and view all the answers

Which statement correctly defines 'commercial employment' in the context of Central Government officers after retirement?

<p>Employment in any capacity, including as an agent, under organizations engaged in various business activities. (C)</p> Signup and view all the answers

What condition must be met for a Central Government officer to avoid repercussions when taking up commercial employment?

<p>They must obtain prior permission, which if not granted, leads to forfeiture of government contributions. (B)</p> Signup and view all the answers

Which of the following scenarios would lead to an unfair advantage for a client, according to the stipulations regarding commercial employment?

<p>An officer using their knowledge from their position to guide a client through regulatory processes. (A)</p> Signup and view all the answers

What role does the Central Government play regarding officers seeking to take up commercial employment?

<p>The Central Government evaluates each case individually before determining if contributions should be withheld. (D)</p> Signup and view all the answers

Under which circumstance can a Central Government officer's practice be set up without jeopardizing their previous roles?

<p>If the officer has relevant professional qualifications and operates independently from government matters. (D)</p> Signup and view all the answers

What limitation is imposed on compulsory deposits within Government or Railway Provident Funds?

<p>They cannot be assigned or charged at any time. (C)</p> Signup and view all the answers

Which party has no claim on a subscriber's compulsory deposit under insolvency provisions?

<p>The Official Assignee. (C), Any appointed receiver under the Provident Insolvency Act. (D)</p> Signup and view all the answers

Upon the death of a subscriber, who is primarily entitled to receive the sums standing to the credit of the subscriber?

<p>The dependent of the subscriber. (C)</p> Signup and view all the answers

What must happen to debts incurred by a deceased subscriber or dependent regarding the sums in the fund?

<p>The sums are free from any debts incurred before death. (B)</p> Signup and view all the answers

What happens to a compulsory deposit if the subscriber dies and there is a surviving assignee from a previous assignment?

<p>The dependent's rights to the funds take precedence over the assignee's rights. (B)</p> Signup and view all the answers

Under what condition may deductions be made from a subscriber's Provident Fund account for liabilities?

<p>If incurred debts were specifically authorized by law. (A)</p> Signup and view all the answers

What does the term 'dependent' refer to by law in the context of the Provident Fund?

<p>Any individual receiving benefits under the fund rules. (C)</p> Signup and view all the answers

Which of the following statements is incorrect regarding the treatment of compulsory deposits at the time of a subscriber's death?

<p>They are subject to attachment for any civil court decree. (D)</p> Signup and view all the answers

What does the phrase 'subject to any deduction authorized by the Act' imply regarding compulsory deposits?

<p>Only authorized deductions can be made before payment to dependents. (D)</p> Signup and view all the answers

What is the maximum sum that can be paid to a nominated person without requiring probate or letters of administration?

<p>Five thousand rupees (D)</p> Signup and view all the answers

Which document is required for a person to claim a deceased subscriber's balance if there is no nomination?

<p>Probate or letters of administration (A)</p> Signup and view all the answers

In the case of assignment made prior to the commencement of the Act, what is required before payment can be made to the assignee?

<p>Consent in writing from the subscriber or depositor or the entitled person must be given. (B)</p> Signup and view all the answers

What happens if consent for payment to the assignee is not forthcoming?

<p>Payment is withheld pending a decision by competent Civil Courts. (C)</p> Signup and view all the answers

Which of the following individuals may receive payment of the subscriber's sum after death, if no nomination exists?

<p>Any relative appearing to be entitled (D)</p> Signup and view all the answers

Under what circumstance will the officer withhold payment of the subscriber's balance?

<p>If there is no nomination and no claim to probate is presented. (D)</p> Signup and view all the answers

When can an officer make payment to a dependent under Section 3?

<p>If the dependent is legally recognized. (A)</p> Signup and view all the answers

What happens first before any payments are made if an assignment notice has been received?

<p>All liabilities to the government must be paid first. (A)</p> Signup and view all the answers

Which clause allows payment to a person authorized to receive funds on behalf of a dependent?

<p>Clause (a) (A)</p> Signup and view all the answers

What is required from a person nominated to receive payment in terms of documentation?

<p>Proof of nomination as specified in the rules of the fund. (A)</p> Signup and view all the answers

What does the amended provision of the Provident Funds (Amendment) Act, 1946 not affect?

<p>Payments already made before the Act's date of commencement (B)</p> Signup and view all the answers

Under what circumstance is the total amount of contributions to be deducted from a subscriber's account restricted?

<p>If there are outstanding liabilities to the Railway Administration (B)</p> Signup and view all the answers

What happens if a subscriber resigns their employment within five years and is subject to deductions?

<p>A portion of the contributions may be deducted (D)</p> Signup and view all the answers

Which option would be considered a valid basis for deducting from a Government or Railway Provident Fund?

<p>Misconduct leading to a loss of employment (C)</p> Signup and view all the answers

What is the impact of the amended provisions regarding cases where a sum has already been paid?

<p>No retroactive changes apply to those payments (B)</p> Signup and view all the answers

Which of the following describes the authority's role in making deductions from a subscriber's account?

<p>The authority's direction is mandatory for any deduction to occur (C)</p> Signup and view all the answers

In what case would the rules specify that a portion of the subscriber's contributions may be deducted?

<p>If the subscriber is dismissed for misconduct (C)</p> Signup and view all the answers

What key condition underlies the amendments regarding nominations made prior to the Act's commencement?

<p>Old nominations remain valid only if no payment has been made (C)</p> Signup and view all the answers

What stipulation does the Act lay out regarding the deduction limitations based on the subscriber's account activity?

<p>Contributions can't exceed the total credited amount for deductions (C)</p> Signup and view all the answers

Flashcards

Payment Discharge

Full release of the Government or railway administration from liability for a sum paid by a subscriber/depositor.

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

Modifying a nomination by creating a new nomination or cancelling the original one according to fund rules.

Invalid Nomination

A nomination becoming void due to a specified event or contingency mentioned in the rules.

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Successive Nomination

A nomination that specifies an alternate recipient in the case of the first nominee's death.

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Payment to Nominee

Payment made to the entitled nominee, despite other claims (like probate), to receive their funds.

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Nominee Precedent Death

If the first nominee dies before the subscriber/depositor, the nomination related to the deceased becomes void, and the subsequent nominee inherits their rights if defined in the nomination.

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Provident Fund Nomination

A formal designation of a beneficiary to receive funds from a provident fund in case of death or other circumstances set out in the rules.

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Provident Fund Amendment Act, 1946

An Act that amended the rules regarding provident fund nominations.

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Applicable to previous nominations

The amended rules apply even to nominations made before the act's effective date.

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Deductions from Provident Fund

Amounts can be deducted from a provident fund account to cover outstanding liabilities to the government or railway administration.

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Debt Liability

Financial obligations to the government or railway administration.

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Subscriber/Depositor

An individual who contributes to the provident fund.

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Contributory Provident Fund

A provident fund where both the employee and employer contribute.

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Dismissal from Employment

Termination of employment due to disciplinary or other reasons defined by the rules of the provident fund.

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Resignation within 5 years

Leaving a job within 5 years of starting, under specific conditions, might impact provident fund payouts.

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Government Contribution

Contributions made to a provident fund by the Central Government, State Government, or a local authority after the Provident Fund (Amendment) Act, 1975.

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Provident Fund (Amendment) Act, 1975

This act defines what counts as a 'Government contribution' to a provident fund.

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Local Authority

A body like a municipality or council, governed by the Local Authorities Loans Act, 1914.

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Commercial Employment

A job in the private sector, typically outside of government service.

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Central Government Officer

An individual employed by the Central Government.

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Prior Permission

Formal approval granted by the Central Government before a government officer takes up a commercial job after retirement.

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Date of Retirement

The last day a Central Government officer is employed, even if re-employed after a break.

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Leave Preparatory to Retirement

Time off before an officer retires, where they can take on a specific commercial job.

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Prescribed

Defined by rules set by the Central Government and published in the official gazette.

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Order in Writing

A formal written decision by the Central Government regarding permission to take up commercial employment.

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Commercial Employment Restriction

A Central Government officer cannot take up commercial work within two years of retirement without permission, or face penalties.

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Permission for Commercial Employment

A Central Government officer must get permission from their employer before taking up any commercial work after retirement.

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Penalty for Breach

If a Central Government officer breaches the conditions of their commercial employment permission, they can lose a portion of government contributions.

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Order of Declaration

The Central Government can issue an order in writing stating that an officer is not entitled to a part of their government contributions due to breaching commercial employment rules.

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Refund of Contributions

An officer who has received a part of their government contributions they are not entitled to due to breaching commercial employment rules must refund the amount.

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Officer's Opportunity

Before an order is made regarding a penalty for breaching commercial employment rules, the officer has a chance to explain themselves.

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Factors for Order

When deciding on a penalty for breaching commercial employment rules, the Central Government considers the officer's financial situation, the new job, and other relevant factors.

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Recovery of Refund

If an officer doesn't refund the money they owe for breaching commercial employment rules, it can be recovered like land revenue.

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Communicating the Order

The Central Government must inform the officer about the order made regarding a penalty for breaching commercial employment rules.

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Overriding Effect

The rules about commercial employment for retiring government officers are stronger than any other rules in the act.

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Parliamentary Review of Rules

Rules made by the Central Government under this section must be presented to both houses of Parliament for 30 days for review. If both houses agree on modifications or to nullify the rule, it will be modified or voided, respectively.

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Good Faith Protection

Individuals acting in good faith while following the provisions of this Act are protected from legal action.

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Applying Act to Local Authority Funds

The government can, by notification, apply this Act to provident funds established for employees of local authorities.

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Applying Act to Other Institutions

The government can apply this Act to provident funds of institutions on the schedules, or any group of institutions.

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Adding Institutions to Schedule

The government can add new public institutions to the schedule, officially expanding the scope of the Act.

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Provident Fund

A fund where employees' contributions and interest are held in individual accounts, managed according to specific rules.

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Compulsory Deposit

A deposit made to a Provident Fund that cannot be withdrawn on demand before specified events like retirement or death, and includes accumulated interest.

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Contribution

An amount added to a Provident Fund account, either by the employee or employer, increasing the individual's total fund value.

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Government Provident Fund

A Provident Fund established by the government for employees of the government or institutions funded by the government.

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Railway Provident Fund

A Provident Fund set up by a railway administration for its employees, following specific rules.

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Railway Administration

The entity managing a railway, either a company or the government, responsible for setting up the Railway Provident Fund.

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Dependent

A relative who can inherit from a deceased subscriber/depositor of a Provident Fund, as defined by the rules.

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Compulsory Deposit Protection

Compulsory deposits in government or railway provident funds are protected from assignment, charges, and attachment by courts. They cannot be seized for debts.

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Deceased Deposit Protection

Upon a subscriber's death, funds in a provident fund are protected from the deceased's debts and are payable to dependents or legal representatives. It's typically free from any liabilities of the deceased or dependent incurred before the death.

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Provident Fund Repayments

This section deals with the rules regarding repayment of funds from government and railway provident funds to subscribers. It ensures proper disbursement, emphasizing protection of the funds.

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Act and Rule Application

The Provident Fund (Amendment) Act, 1946, amended the rules regarding provident funds, particularly concerning nominations and payments. The amended rules apply even to older nominations.

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Commercial Employment for Retired Officers

Central Government officers are typically restricted from taking up commercial employment within two years of retirement without explicit permission from the government. They may lose a portion of their government contributions if this rule is violated.

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Penalties for Commercial Employment Rule Violations

Central Government officers who breach the rules regarding commercial employment after retirement may face penalties, including losing a part of their government contributions, which may be recovered.

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Parliamentary Review of Provident Fund Rules

Rules regarding commercial employment restrictions and other provisions in the Act are presented to both houses of Parliament for review. Parliament can modify or nullify the rules if needed.

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Nomination Validity

A nomination made before the Provident Funds (Amendment) Act, 1946, is still valid, unless it was already paid out.

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Debt Limit

Deductions from a subscriber's provident fund for debt can't exceed the total contributions and interest earned.

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Dismissal Deduction

If a subscriber is dismissed for reasons specified in the fund rules, the government can deduct all or part of their contributions, interest, and increment.

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Resignation Deduction

If a subscriber resigns within five years of starting employment, the government can deduct all or part of their contributions, interest, and increment.

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Provident Fund (Amendment) Act, 1946 Impact

This act amended the rules regarding provident fund nominations, making the amended rules applicable to nominations made before the act's effective date.

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Government or Railway Debt

When a subscriber's provident fund becomes payable, the government or railway administration can deduct any debt owed to them by the subscriber.

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Fund Rule Compliance

The government can deduct from a subscriber's provident fund only if the fund's rules allow it.

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Subscriber Responsibility

A subscriber is responsible for any debt they owe to the government or railway administration, which can be deducted from their provident fund.

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Dependent's Rights

When a subscriber dies, their dependent(s), as defined by the fund rules, have the right to inherit the provident fund balance.

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Probate or Letters of Administration

Legal documents that prove a person's right to inherit property (including provident fund money) after someone's death.

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Assignment of Provident Fund

A person can legally transfer their rights to their provident fund balance to someone else before their death.

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Penalty for Commercial Employment Breach

If a retired government officer breaks the rules about commercial employment, they may lose a portion of their government contributions.

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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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Provident Funds Act, 1925 (PDF)

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