The Gazette of India 

EXTRAORDINARY

PART II - Section 3 - Sub-section (i) 

No. 305  NEW DELHI, WEDNESDAY, JUNE 1, 1988 / JYAISTHA 11, 1910

MINISTRY OF SURFACE TRANSPORT
(Ports Wing)
New Delhi, the 11th June, 1988

NOTIFICATION

      G.S.R. 667(E).- In exercise of the powers conferred by sub-section (i) of section 124, read with sub-section (i) of Section 132 of the major Port Trusts Act, 1963 (38 of 1963), the Central Government hereby approves the Calcutta Port Trust Non-Contributory Provident Fund Regulations, 1988 made by the Board of Trustees for the Port of Calcutta and set out in the Schedule annexed to this notification.

2.               The said regulations shall come into force on the date of publication of this notification in the Official Gazette.

                                                                                  YOGENDRA NARAIN, Jt.Secy.
 (F.No.PR-12016/13/86-PE.I)   

SCHEDULE

CALCUTTA PORT TRUST
Non-Contributory Provident Fund Regulations

CHAPTER-1 - PRELIMINARY

Preliminary
      In exercise of the powers conferred by Clause (b) of Section 28 read with Section 124 of the Major Port Trust Act, 1963 (Act 38 of 1963) and in suppression of all previous Rules, Regulations, Bye-laws framed in this respect except things done or omitted to be done under the said rules, regulations or bye-laws before such suppression, the Board of Trustees of the Port  of Calcutta hereby makes the following regulations, namely :-

Regulation - 1 :  Short Title and Commencement.

  1. These Regulations may be called the Calcutta Port Trust Non-contributory Provident Fund Regulations, 1988.

  2. These Regulations shall come into force on the date of their publication in the Official Gazette.

Regulation-2 : Extent of Application
          These Regulations shall apply to all the employees  of the Board of Trustees for the Port of Calcutta (including Haldia Dock Complex) who are  members of Non-contributory Provident Fund or who may be admitted to membership of the Fund under the provisions of these Regulations.

Regulation - 3 :  Definitions

           In these Regulations, unless the context otherwise requires :-

  1. 'TRUSTEES' shall mean a Board of three Trustees consisting of the Chairman, Deputy Chairman and Financial Adviser and Chief Accounts Officer of the Calcutta Port Trust, ex-officio, who shall be responsible to the Calcutta Port Trust for the conduct of the Fund in accordance with the Regulations hereinafter laid down.

  2. 'Chairman' shall mean the Chairman for the time being of the Calcutta Port Trust.

  3. 'Deputy Chairman' shall mean the Deputy Chairman for the time being of the Calcutta Port Trust.

  4. 'Financial Adviser & Chief Accounts Officer' shall mean the Financial Adviser & Chief Accounts Officer for the time being of the Calcutta Port Trust.

  5. 'Senior Accounts Officer' shall mean the Officer to whom the duty to maintain the Provident Fund Account of the subscribers has been assigned subject to the control of the Trustee of the Fund.

  6. 'Pay' shall mean the amount as defined in Rule 9 (21) (a) of the Fundamental Rules drawn monthly by an employee and includes Dearness allowance, Incentive payment and any other allowance if such an  allowance or allowances are allowed to be counted as pay for the purpose of provident Fund subscriptions by the Board of Trustees for the Port of Calcutta.

  7. 'Dependent' shall mean any of the following relatives of the subscriber, namely, the wife, parent, child, minor brother, unmarried sister and deceased son's widow and child and where no parent of the subscriber is alive, a paternal grand-parent.

           Provided that if a subscriber proves that his wife has been judicially separated from him or has ceased under the customary law of the community to which she belongs to be entitled to maintenance she shall thenceforth be deemed to be no longer a dependant in matters to which these Regulations relate unless the subscriber intimates to the Financial Adviser and Chief Accounts Officer in writing that she shall continue to be so regarded and in the case of a female subscriber, if she by a notice  in writing to the Financial Adviser & Chief Accounts Officer expresses her desire to exclude her husband from the list of dependants her husband shall thenceforth be deemed to be no longer a dependant of the subscriber in matters to which these regulations relate unless the subscriber subsequently cancels such notice in writing.

  1. 'Family' shall mean :-

  1. In the case of a male subscriber, the wife or wives and children or step children of a subscriber.

  2. In the case of a female subscriber the husband and children of a member.

  3. Parents, unmarried sisters and minor brothers wholly dependent on the subscriber.

  1. 'Leave'  shall mean  any variety of leave recognized by the Calcutta Port Trust's Employees (Leave) Regulations 1985.

  2. 'Fund' shall mean the Calcutta Port 'Trust Non-Contributory Provident Fund.

  3. 'Year' shall mean calendar year.

                                                CHAPTER-II-Management, Accounts and Investments

Regulation-4 : Control and Management

       The Fund shall be controlled on behalf of its members by a Board of three Trustees consisting of the Chairman, The Deputy Chairman and the Financial Adviser & Chief Accounts Officer of the Calcutta Port Trust, ex-officio, who shall be responsible to the Calcutta Port Trust for the conduct of the Fund in accordance with the regulations hereinafter laid down.

         The Fund shall be managed by the Senior Accounts Officer who shall conduct its affairs subject to the control of the Trustees of the Fund.

Regulation - 5 :  Operation of the Fund.

        The Accounts of the fund shall be kept entirely separate from those of the Calcutta Port Trust. All receipts of the Fund shall be paid into a separate account at the State Bank of India. This separate account shall be operated over the joint signatures of the Chairman or the Deputy Chairman and the Financial Adviser & Chief Accounts Officer. The expenses of management shall be borne by Calcutta Port Trust. 

Regulation-6 : Investment

         All moneys not immediately required for the purpose of the Fund shall, from time to time be invested  by the Trustees of the Fund in the Promissory Notes, Debentures, Stock or other securities of the Central Government or any State Government or the Debentures or  other securities for money issued, under the authority of any Act of Legislature established in India, by or on behalf of any municipal body, Port Trust or City Improvement Trust in any Presidency town or in debenture bonds or other securities, both the principal thereof and the interest whereon shall have been fully and unconditionally guaranteed by either the Central or State Governments or in fixed deposits with the State Bank of India and its subsidiaries and or with other nationalized bank and  bank and the restrictions contained in Section 20A of the Indian Trusts Act, 1982 (II of 1982) shall not apply to any such investments. The securities purchased and the fixed deposits made by the Trustees of the Fund shall be held in the name of the Fund and such securities may be sold or the fixed deposits may be realised from time to time under the joint signatures of the Chairman or Deputy Chairman and the Financial Adviser and Chief Accounts Officer in order to raise such sum as may be required for the purpose of the Fund.

Regulation -7 : Annual Audit and Accounts

      The Accounts of the Fund in which the value of all securities held shall be assessed at the market values ruling on the 31st December of each year, shall be closed as at 31st December in each year and audited annually by the Comptroller and Auditor General of India or such person as may be appointed by him in this behalf.

Regulation-8 : Annual Report

    An annual report accompanied by the Certified accounts for the year shall be made by the Senior Accounts Officer as soon after the years working as possible and shall be submitted to the Board of Trustees of the Calcutta Port and each subscriber shall be furnished as soon as possible with an annual statement of his/her account.

Regulation-9  :   Calcutta Port Trust's liability to the Fund.

         The Calcutta Port Trust will accept liability for any deficiencies found in the Fund at the time of the yearly audit whether from depreciation of securities or other cause or causes and will pay the amount of the deficiency or any portion of that amount on, and in accordance with the demand of the Trustees of the Fund if the Trustees of the Fund consider the payment of a part or the whole amount is advisable either to meet claims payable under the regulations of the Fund or for the security of the subscribers.

CHAPTER-III
MEMBERSHIP & NOMINATIONS

Regulation-10(a)  : Membership - Conditions Member-Ship.

Membership shall be compulsory for :-

  1. Any permanent employee (other than those recruited as piece-rated 'A' category workers and employees of Calcutta Dock Labour Board as referred to in Clause (C) of  Regulation 12 of Calcutta Port Trust Contributory Provident Fund Regulation) who joined the Calcutta Port Trust's service on or after 1st June 1982.

  2. All temporary employees who joined the Calcutta Port Trust's service on or after 1st June, 1962(other than piece-rated 'A' Category workers, employees of Calcutta Dock Labour Board as referred to in Clause (C) of Regulation 12 of Calcutta Port Trust Contributory Provident Fund Regulation and reemployed retired employees) after a continuous service one year.

  3. 'A' Category workers who joined the Calcutta Port Trust's service on or after 1st July, 1966.

Regulation 10(b) :

  1. All permanent employees (other than piece rated 'A' Category workers) in service on 31st May. 1962, if they opt for Pension scheme, shall join the Fund. All temporary employees in service on 31st May, 1962. if they opt for pension shall join the Fund after a continuous service of one year.

  2. 'A' Category workers in service on 1st July 1966 if they opt for pension scheme shall join the Fund.

Regulation-11(A) : Nomination-Conditions 

Conditions of nomination.

          Every subscriber shall be permitted to nominate a dependant or dependants and if he/she has no dependant or dependants within the meaning of Regulation 3(g) above, any person to receive the whole or any portion of the total amount standing to his/her credit in the Fund if he/she dies while in service or if he/she dies after retirement but before payment is made.

          Provided that the nomination already made by the subscriber in the Calcutta Port Trust's Contributory Provident Fund to which he/she was subscribing before joining the Fund shall, if the amount to his/her credit in such Fund has been transferred to his/her credit in the Fund be deemed to be nomination duly made under this regulation until he/she makes a fresh nomination in accordance with this Regulation.

          Provided further that the nomination made by a subscriber of any person other than a dependant shall be treated as null and void if the subscriber acquires any dependent subsequently by marriage and even if he/she does not cancel the aforesaid nomination in accordance with Regulation 11(C).

Regulation 11(b)  :

         All nominations must be in writing in Form I, annexed hereto as Appendix I, duly signed by the sub-scriber and attested by two witnesses and must be sent to and registered in the office of the Senior Accounts Officer where they shall be retained for record. The nominee so registered shall be and remain, until he/she dies or until the subscriber's nomination has been revoked in the manner hereinafter mentioned fully entitled to receive and give discharge for  such amount as the subscriber has nominated him to receive. If a nominee dies before the subscriber, the nomination, so far as it relates to such nominee, shall be treated as null and void,

Regulation 11(c)  :

         A nomination in writing and registered as aforesaid can only be revoked when a complete cancellation in Form II annexed hereto as Appendix II, has been  made by the hand of the subscriber and attested by two witnesses duly registered in the office of the Senior Accounts Officer. The subscriber may at the same time, make a fresh nomination or nominations in accordance with the procedure stated in sub-regulation (b) above.

Regulation 11(d)   :

         Payment made to a nominee registered as aforesaid shall  be a full discharge to the Trustees of the Fund provided that before the death of a subscriber the existing nomination has not been cancelled and a fresh nomination received by the Senior Accounts Officer for registration.

Regulation 11(e)   :

          Marriage or re-marriage of a subscriber who is not a Hindu, Mohammedan. Buddhist or other person exempted from the operation of the Indian Succession Act1925(XXXIX), shall render null and void any nomination already submitted by him, her .

Regulation 11(f)  

          Every nomination made and every notice of cancellation given by a subscriber shall, to the extent it is valid, take effect on the date on which it is received by the said Senior Accounts Officer.

CHAPTER-IV
SUBSCRIPTION & INTEREST

Regulation-12(a) : Compulsory Subscription

          A subscriber shall subscribe to the Fund in accordance to these Regulations, except during the period  when he/she is under suspension or the period of reemployment after final retirement from the Calcutta Port Trust's service.

          Provided that a person re-employed during leave preparatory to retirement shall continue to subscribe to the Fund for the period upto which he/she would have remained on leave preparatory to retirement but for re-employment.

Regulation 12(b)  :

           The amount of subscription shall be fixed by the subscriber himself/ herself subject to the following conditions namely :

  1. It shall be expressed in whole rupees.

  2. It may be may sum, so expressed, not less than 8 1/3 per cent of his/her pay but not more than his/her full pay.

  3. The amount of subscription, subject to the above conditions, may be enhanced or reduced once at any time during the course of a year on giving one month's notice to the Senior Accounts Officer.

Regulation - 13(a) : Subscription during leave. deputation or suspension.

           The subscription of any subscriber when he/she is absent either on leave of any kind except post-superannuation or refused leave or on deputation shall be assessed on his/her full/average pay as the case may be. A subscriber may, however, at his /her option not subscribe during any period of leave, other than leave on average pay or earned leave of less than one month's or 30 days duration as the case may be.

            Provided that when a subscriber is transferred to foreign service or sent on deputation he/she shall remain subject to the regulations of the Fund in the same manner as if he/she were not so transferred or sent on deputation.

            Provided further that the subscriber must intimate his/her election not to subscribe during leave at the time of submitting leave application. Failure to make due and timely intimation shall be deemed to constitute an election to subscribe.

Regulation 13(b)   :

            A subscriber shall not subscribe to the Fund during a period of suspension.

            Provided that a subscriber on re-instatement after a period passed under suspension  shall be allowed the option of paying in one sum, or in instatements any sum not exceeding the maximum amount of  arrears of subscription permissible for that period.

NOTE :      A subscriber need not subscribe during a period treated as 'dies-non'.

Regulation - 14 : Interest

            The Calcutta Port Trust shall credit interest to a subscriber's account as at 31st December each year, at such rate as the Calcutta Port Trust may from time to time decide by a resolution in meeting calculated on the monthly balance at the credit of each subscriber compounded yearly.

CHAPTER-V
ADVANCES & WITHDRAWALS

Regulation - 15 : Advances to Subscribers

       *    The senior Accounts Officer may, with the approval of Financial Adviser & Chief Accounts Officer grant advance to any subscriber a sum of whole rupees and not exceeding in amount three months' pay or half the amount standing to his credit in the Fund, whichever is less, for one or more of the following purposes :-

  1. to pay expenses in connection with the illness, confinement or a disability, including, where necessary, the traveling expenses  of the subscriber and members of his family or  any person actually dependent on him;

  2. to meet cost of higher education, including, where necessary, the traveling expenses  of the   subscriber and members of his family or any  person actually dependent on him in the following cases, namely :-

  1. for education outside India for academic, technical, professional or vocational course beyond the High School stage and 

  2. for any medical, engineering or other technical or specialized course in India beyond the High School stage, provided  that the course of study is for not less than three years; 

  1. to pay obligatory expenses on a scale appropriate to the subscriber's status which by customary usage the subscriber has to incur in connection with betrothal or marriages funerals or other ceremonies;

  2. to meet the cost of legal proceeding instituted by or against the subscriber, any member of his family or any person actually dependent upon him, the advance in this case being available in addition to any advance  admissible for the same purpose from any other Government source.

  3. to meet the cost of the subscriber's defence where he engages a legal practitioner to defend himself in an enquiry in respect of any alleged official misconduct on his part. 

  4. to purchase consumer durables such as TV, VCR/ VCP, washing machines, cooking range, geysers, computers etc. 

          NOTE-1         For the purpose  of this regulation pay includes dearness pay where admissible.

NOTE-2         In the case of a subscriber who applies for a temporary advance while he is under suspension and draws subsistence allowance instead of pay, the 'pay' for the purpose of this  regulation shall be that which he drew immediately before he was placed under suspension.

NOTE-3          When an advance has already been granted to a subscriber under this regulation, a subsequent advance may be granted to him/her under this Regulation even though the previous advance may not have been repaid in full, provided, however, that the unpaid balance of the previous advance shall be deducted from the advance subsequently granted.

NOTE-4          The Chairman may, in special circumstances, sanction the payment to any subscriber of an advance if he is satisfied that the subscriber concerned requires the advance for reasons other than those mentioned under Regulation 15.

Regulation-16 :   Recovery of Advances

         An advance made under Regulation 15(i) or 15(ii) hereof shall be recovered by not more than 30 equal  monthly installments and an advance made under Regulation 15(iii) hereof shall be recovered by not more than 48 equal monthly instalments by deduction from the salary of the subscriber to whom it is made. The amount of each instalment shall, however, be not less than the subscriber's monthly subscription. The deduction will begin not later than the first complete month throughout which the subscriber is on duty after the advance has been made.

           Recovery of advance granted to a subscriber under Regulations 15(i), (ii), or (iii) shall not be made, except with the subscriber's written consent while he/she is in receipt of subsistence allowance.

Regulation-17 :  Wrongful use of Advance

           Notwithstanding anything contained in these Regulations, if the sanctioning authority  has reason to doubt that money drawn as an advance from the Fund under Regulation 15 has been utilised for a purpose other than that for which sanction was given to the drawal of the money, he shall communicate to the subscriber the reasons for his doubt and require him /her to explain in writing and within 15 days of receipt of such communication whether the advance has been utilised for the purpose for which sanction was given to the drawal of the money. If the sanctioning authority is not satisfied with the explanation furnished by the subscriber within the said period of 15days, the sanctioning authority shall direct the subscriber to repay  the amount in question to the Fund forthwith or, in default, order that the amount be recovered by the deduction in one sum from the emoluments of the subscriber even if he/she is on leave. If the total amount to be repaid be more than half the subscriber's emoluments, recoveries shall be made in monthly installments till be entire amount is repaid by him/her.

Regulation 18 : Non-refundable  withdrawals.

         Subject to the sanction of the Chairman or Deputy Chairman withdrawals may be granted to a subscriber at any time.

(A)     After the completion of fifteen years of service (including broken periods of service, if any) of a subscriber or within ten years before the date of his retirement on superannuation, whichever is earlier. from the amount standing to his credit in the Fund, for one or more of the following purposes, namely -

(a) meeting the cost of higher education, including, where necessary the traveling expenses of the subscriber or any child of the subscriber in the following cases, namely.

(i)     for education outside India for academic, technical, professional or vocational course beyond the High School stage; and 

(ii)      for any medical, engineering or other technical or specialised course in India beyond  the High School stage ;

(b)       meeting the expenditure in connection with the betrothal/marriage of the subscriber or his sons or his daughters, and any other female relation actually dependent on him;

(c)        meeting the expenses in connection with the illness, including, where necessary, the traveling expenses of the subscriber and members of his family or any person actually dependent on him;

(d)        meeting the cost of consumer durables such as TV, VCR/ VCP Washing Machines, Cooking Range, Geysers, Computers, etc.

(B)        During the service of a subscriber from the amount standing to his credit in the Fund for one or more of the following purposes, namely -

(a)          building or acquiring a suitable house or ready -built flat for his residence including the cost of the site or any payment towards allotment of a pilot or flat by State Housing Board or a House Building Society ;

(b)         repaying an outstanding amount on account of loan expressly taken for building or acquiring a suitable house or ready-built flat for his residence ;

(c)        purchasing a house-site for building a house thereon for his residence or repaying any outstanding amount on account of loan expressly taken for this purpose ;

(d)         reconstructing or making additions or alterations to a house or a flat already owned or acquired by a subscriber ;

(e)         renovating, additions or alterations or upkeep of the ancestral house or a house built with the assistance or loan ;

(f)         constructing a house on a site purchased under Clause (C).

(C)          Within twelve months before the date of subscriber's retirement or superannuation from the amount  standing to the credit in the fund, without linking to any purpose.

NOTE-1     Withdrawal under sub-clause (a), (d), (e) or (f) of Clause (B) shall be sanctioned only after a subscriber has submitted a plan of the house to be constructed or of the additions or alterations to be made, duly approved by the local municipal body of the area where the site or house is situated and only in cases where the plan is actually got to be approved.

NOTE-2     The amount of withdrawal sanctioned under sub-clause (b) of Clause (B) shall not exceed 3/4th of the balance on date of application together with the amount of previous withdrawal under sub-clause (b), reduced by the amount of previous withdrawal. The formula to be followed is 3/4th of (the balance as on date plus amount of previous withdrawal(s) for the house in question, minus the amount of the previous withdrawal (s).

NOTE-3      Withdrawal under sub-clause (a) or (d) of Clause (B) shall also be allowed where the house-site or house is in the name of wife or husband provided she or he is the first nominee to receive  Provident Fund money in the nomination made by the subscriber.

NOTE-4       Only one withdrawal shall be allowed for the same purpose under this regulation. But marriage or education of different children or illness on different occasions or a further addition or alteration to a house or flat covered by a fresh plan duly approved by the local municipal body of the area where the house or flat is situated shall not be treated as the same purpose. Second or subsequent withdrawal under sub-clause (a) or (f) or Clause (B) for completion of the same house shall be allowed upto the limit laid down under Note-2.

NOTE-5    A withdrawal under this regulation shall not be sanctioned if an advance under Regulation 15 is being sanctioned for the same purpose and at the same time.

Conditions for Non-refundable withdrawal :

(I)           Any sum withdrawn by a subscriber at any one time for one or more of the purpose specified in Regulation 18 shall not exceed 75% of the balance at his credit in the fund in case of withdrawals under Clause (A) and 90% of the balance at his credit in the fund in case of withdrawals under Clause (B) of Regulation 18.

(II)           The withdrawal admissible under Regulation 18C shall not exceed 90% of the amount standing to the credit of the subscriber in the fund.

(III)           A subscriber who has been permitted to withdraw money from the Fund under Regulation 18 shall satisfy the sanctioning authority within a period of 3 months in case of  withdrawals under Clause (A) and 6 months in case of withdrawals under Clause (B) that the money has been utilised for the purpose for which it was withdrawn or the construction of  the house has been commenced and if he fails to do so the whole of the sum so withdrawn or so much thereof as has not been applied for the purpose for which it was withdrawn shall forthwith be repaid in one lump sum by the subscriber to the Fund and in default of such payment, the subscriber will be liable for disciplinary action.

(IV)            A subscriber who has been permitted under sub-clause (a) or sub-clause (b) or sub-clause (c) of Clause (B) of Regulation 18 to withdraw money from the amount standing to his credit in the Fund, shall not part  with the possession of the house built or acquired or house-site purchased with the money so withdrawn, whether by way of sale, mortgage (other than mortgage to the Calcutta Port Trust Authority), gift, exchange or otherwise, without the previous permission of the sanctioning Authority.

Provided that such permission shall not be necessary for -

  1.           the house or house-site being leased for any terms not exceeding three years, or 
  2. its being mortgaged in favour of a Housing Board, Nationalised Banks, the Life Insurance Corporation or any other Corporation owned or controlled by the Central Government which advances, loans for the construction of a new house or for making additions or alternation to an existing house.

(V)                The subscriber shall submit a declaration not later than 31st day of December of every year as to whether the house or the house-site, as the case may be, continues to be in his possession or has been mortgaged otherwise transferred or let out as aforesaid and shall, if so required, produce before the sanctioning authority on or before the date specified by that authority in that behalf, the original sale, mortgage or lease deed and also the documents on which his title to the property is based.

(VI)                If, at any time before his retirement, the subscriber parts with the possession of the house or house-site without obtaining the previous permission of the sanctioning Authority, he shall forthwith repay the sum so withdrawn by him in a lump sum to the Fund, and in default of such repayment, the subscriber shall be liable for disciplinary action. The detailed procedure for withdrawal under Regulation 18(B) is annexed as Appendix-I (  Not printed      ) of Non-Contributory Provident Fund Regulation.

 

Regulation-19 :* Deleted.

  

CHAPTER-VI
OPTION & TRANSFER OR FUND

Regulation-20 : Subscriber's Account

           Separate accounts shall be kept for each subscriber showing the monthly subscriptions of the subscriber and the interest thereon.

Regulation-21 : Transfer of Accounts - Option for pension Scheme

           If an employee, who is a subscriber of the Calcutta Port Trust Contributory Provident Fund is allowed to opt for the pension scheme, the amount of his/her own subscriptions with interest thereon standing to his/her credit in such Contributory Provident Fund shall be transferred to his/her credit in this Fund.

Regulation-22 : Transfer from other service

           An employee who has joined the Calcutta Port Trust's service from any Government, Railway, Port Trust or Quasi-Government body wherein he/she was a subscriber to the Provident Fund, without break of service , if he/she so desires, can have the amount standing to his/her credit, at the date of joining, in the said Provident Fund transferred to this Fund. 

CHAPTER-VII

Regulation-23 : Payments for assurance in Life Insurance Corporation of India.

Payments for assurance in Life Insurance

              The amount of subscriptions with interest thereon standing to the credit of a subscriber in the Fund may to the credit of a subscriber in the Fund may be applied, either partially or wholly, for the purpose of payments of premia on a policy of assurance in the Life Insurance Corporation of India, subject to the following conditions:-

(1)           The Policy of Assurance (e.g. Endowment Policy) held by a subscriber with the Life Insurance Corporation of India on his/her own life after the 1st premium or the premium due before assignment, as the case may be, being paid by him/her be accepted by the Senior Accounts Officer on a written undertaking in a printed form made for the purpose if the subscriber desires to assign it to the Trustees.

(2)             On receipt of the policy from the subscriber through the concerned department along with the required documents (viz., Policy Bond, Letters of Authority, form of  assignment and the last Premium Receipt, if the premium is paid by the policy holder more than one) and the subscriber's agreeing to comply with the conditions as laid down in the printed form necessary arrangement shall be made to forward the Policy Bond and the Form of Assignment to the Life Insurance Corporation of India for registration of assignment duly noted in the office registers maintained by the Provident Fund Section. The Policy Bond received back from the Life Insurance Corporation of India shall be kept under the safe custody of the office of the Senior Accounts Officer

(3)            The mode of payment of premium of the policy if paid periodically by the subscriber shall be required to be converted by him/her into annually before the same is assigned to the Trustees, The assigned policy cannot be hypothecated in any manner to the Life Insurance Corporation of India.

(4)             The premium of the policy of Assurance assigned by the subscriber shall be paid by the Senior Accounts Officer on behalf of the subscriber annually by debiting his her subscriptions account and the premium so paid shall be recovered from his/her pay in twelve equal monthly instalments and credited to his/her subscriptions account in a specific column provided for the purpose. The department concerned will, however, be advised to deduct the amount from the subscriber's monthly salary bill regularly.

(5)             In the event of the subscriber taking leave without 'pay, the premium payable to the Life Insurance Corporation of India shall be paid from the balance standing at credit  of the subscriber's account and the premium so paid shall be recovered from his/her pay on his/her resumption of duties. If the credit balance in the Fund is less than that of premia payable to the Life Insurance Corporation of India, the payment of premia will be suspended under intimation to the Life Insurance Corporation of India.

(6)             In the event of a policy maturing while the subscriber is still in service, the maturity value realised from the Life Insurance Corporation of India shall be credited to the subscriber's account and be refunded to him/her. If a policy under the old scheme  payment of premia of which was to be financed out of the subscriber's account is subsequently converted into salary deduction scheme matures, the maturity value  realised from the Life Insurance Corporation of India shall be refunded to the sub-scriber after deducting the premia paid from his/her subscription account.

(7)              If a subscriber desires to withdraw his/her policy of assurance from the custody of the Trustees before his/her retirement, the Senior Accounts Officer may allow him/her to do so and the Policy Bond may be made over to him/her duly re-assigned with proper intimation to the Life Insurance Corporation of India.  He/she must repay the balance amount of that premium, if any, to the Fund.

(8)              If a subscriber retires before the Policy is matured the Policy of assurance shall forth-with be re-assigned and made over to him/ her.

(9)              If it appears at the time of the policy of assurance being matured that the same has not been duly assigned in favour of the Trustees or the registration of assignment  was not duly complied with by the Life Insurance Corporation of India, the Senior  Accounts Officer, will not take the responsibility of realising the maturity value from the Life Insurance Corporation of India, and the subscriber will immediately be informed to receive back the policy Bond from the custody of the Trustees.

(10)             If a subscriber dies while in service, the amount of premium payable under any policy which has been assigned by him/her to the Trustees will be stopped forthwith under intimation to the Llife Insurance Corporation of India. The death claim proceeds of Insurance Policies shall be realised from the Life Insurance Corporation of India by the Trustees in case of the policies duly assigned and shall be credited to the unclaimed balance account for disposal of  the same to the legal heir/heirs of the Provident fund dues of the deceased subscriber. But in case of non-assigned polices, the policy Bonds will, however, be sent to the Life Insurance Corporation of India with due intimation to the legal heir/heirs of the deceased subscriber to contact the Life Insurance Corporation of India so as to enable him/her to realised  the death claim proceeds direct from the Life Insurance Corporation of India.

(11)              Notwithstanding anything contained in the above Sub-regulations, the policies already assigned to the Trustees under the old scheme, payment of premia of which was to be financed out of the subscriber's account shall continue.

CHAPTER - VIII 
Settlement of Provident fund Dues.

Regulation-24 : Payment to subscribers on Leaving Service.

           A subscriber's accumulation in the Fund including interest shall be paid as soon as possible after his/her retirement, quitting service or death. Interest shall be credited to his/her account upto the end of the calendar month prior to the date of tender of  payment.

           Provided that in case of delays caused by the circumstances beyond the control of the subscriber or administrative delays in making the settlement, interest shall continue to be credited to his/her account upto the end of 1 (one) year after the month in which such amount become payable.

Regulation - 25  : Payment of Subscriber's Dues.

             When a subscriber's accumulation in the Fund has become payable in accordance with Regulation 24 Senior Accounts Office shall dispose of the amount as follows :-

       Payment of subscriber's dues

          (1)      Pay to the subscriber or

          (2)      Pay, if the subscriber is dead, to the person or persons entitled to receive payment in the following manner :-

(a)        If a valid nomination under Regulation 11 subsists, the amount or the part thereof  to which the nomination relates shall be paid to the nominee or to person as may be authorised by law to receive payment on his/her behalf.

(b)        If no valid nomination subsists or if the nomination relates only to a part of the amount, provided the whole amount or the part thereof to which the nomination does not relate, does not exceed Rs.5,000 and provided notice of the existence of a will disposing of such amount and intention to prove the same be not given to the Senior Accounts Officer, within one month of the death of the member or if such notice be given but such will/is not probated within six months from the death of the member, such amount shall be paid in terms of Section 4(1)(b) of the Provident Funds Act,1925(XIX of 1925) to any person appearing to the Chairman or the Deputy Chairman to be entitled to receive it.

(c)        If the amount is not payable to any person under Clause (i) or (ii) above, it shall be paid to a person producing Probate or letters of Administration proving the grant to him of Administration to the estate of the deceased subscriber or a Certificate granted under Indian Succession Act 1925 (XXXIX of 1925), it terms of Section 4 (1) (c) (ii) of the Provident Funds Act, 1925.

Regulation 26 : Payment to Minors

           Payments on behalf of minor children shall be made to their guardian appointed under the Guardians and Ward Act, 1890 (VIII of 1890) or to other person authorised by law. Provided that payment on behalf of Hindu minors may be made to the mother  and on behalf of Mohammedan minors to the Paternal grandfather without production of guardianship certificate. 

Regulation 27 :   Payment to Lunatics

           If a subscriber/s person to whom under these Regulations a payment has to be made or a policy to be reassigned, is a lunatic, payment or reassignment shall be made to the Manager appointed under the Indian Lunacy Act, 1912 (IV of 1912) or to other person authorised by Law.

Regulation 28 : Immunity From Attachment.

               Subject to the provisions of Section 3 of the provident Fund Act, 1925 (XIX of 1925), neither a subscriber nor any person on his/her behalf or in respect of his/her interest in the fund shall, save as expressly provided by these Regulations, be entitled to claim or demand payment of any money standing in the name of the subscriber in the books of the Fund.

Regulation 29 : Payment on Leave Preparatory to Retirement and Post-superannuation Leave.

     Leave Preparatory to Retirement and Post Superannuation leave.

                In case of leave granted preparatory  to retirement, a subscriber may be permitted, at the discretion of  the Chairman or the Deputy Chairman to withdraw upto 90 per cent of the audited balance standing to his/her credit in the Fund or part thereof as on 31st  December of the year immediately preceding the year in which the subscriber proceeded on leave preparatory to retirement on submission of an application to the Senior Accounts Officer, such permission being subject to the condition that if in any exceptional case the subscriber does not eventually retire, the full amount shall be refunded as a condition of continued employment. A payment made under this Regulation will not affect the subscriber's eligibility to continue subscription during such leave and to interest on the balance.

                  In case the subscriber has been granted post-superannuation leave he/she may be permitted, at the discretion of the Chairman or the Deputy Chairman, to withdraw upto 60 per cent of the balance standing to his/her credit in the Fund or part thereof as on 31st December of the year immediately preceding the year in which the subscriber has been granted post-superannuation leave, on submission of an application to the Senior Accounts Officer. If, however, the subscriber is occupying Calcutta Port Trust's quarters, such withdrawal shall be restricted to fifty per cent of the aforementioned credit.

         

CHAPTER IX - MISCELLANEOUS

Regulation 30 :  Interpretation of Regulations interpretation of Rules

            The decision of the Chairman. Calcutta Port Trust on all questions arising out of these regulations shall be final.

Regulation 31 :

(1)        On the commencement of these regulations, Calcutta Port Trust Non-contributory Provident Fund Rules or order in force immediately before such  commencement shall in so far as it provides for any of the matters contained in these Regulations, cease to operate.

(2)        Any case which pertains to the settlement of Provident Fund dues of a subscriber who had retired before the commencement of these Regulations shall be disposed of in accordance with the provisions of the old rule as if these rules had not been made.

(3)        Subject to the provision of Sub-regulation (2), anything done or any action taken under the old rule shall be deemed to have been done or taken under the corresponding provisions of these Regulations.

NOTE:-           The Calcutta Port Trust Employees' (Non-contributory Provident Fund) Regulations, 1988 were sanctioned by the Central Government vide G.S.R. No. 667 (E) dated 1st June, 1988 and published in the Gazette of India (Extraordinary) dated 1st June, 1988. The first Amendment Regulations were approved by  the Government and published in the gazette of India Extraordinary vide GSR No. 745 dated  25th September 2000.

*Inserted/substituted/deleted by first amendment regulations.

APPENDIX-I

OF

CALCUTTA PORT TRUST
NON-CONTRIBUTORY PROVIDENT FUND 

REGULATIONS 
(VIDE REGULATION 18)

    Procedure to be followed in connection with the withdrawal of P.F. money for House Building purpose

    Withdrawal may be for the following purposes :

I.        Purchase of land including cost of building of a house thereon.

II.       Acquiring of a suitable ready built house or a flat.

III.       Repayment of a loan taken for acquiring a house or flat.

IV.      Expenditure for reconstructing or making additions or alterations of subscriber's own house or flat or his/her ancestral house.

       Before sanctioning the withdrawals under the above items, the Calcutta Port Trust should insist upon the subscriber signing and affirming before the Presidency Magistrate, Calcutta the enclosed declaration and fulfilling the following obligations :

(A)     Re:    Item  I

(a)       He/she should satisfy the Calcutta Port Trust that the amount is actually required for purchasing the property and that he/she possesses or intends to aquire forthwith the right to build on the site on which the house is proposed to be built.

(b)       He/she should satisfy the Calcutta Port Trust that the amount withdrawn together with such other private savings as the subscriber may have will be sufficient to complete the property of the type proposed.

(c)        He/she should satisfy the Calcutta Port Trust by production of original title deeds or otherwise as may be directed by the Calcutta Port Trust that he/she will acquire marketable unencumbered and undisputed title to the property proposed to be purchased.

(d)        He/she should produce for the Calcutta Port Trust's inspection the agreement of sale (Baynapatra) within a week from the grant of the loan and the deed of conveyance  within a fortnight from completion of purchase (production of conveyance will be possible only after the property has been purchased with the loan sanctioned by the Calcutta Port Trust).

(e)         He/she should produce the sanctioned plans of the proposed building and permits from the local authority where necessary ) for purchase of building materials to the extent required at controlled rates.

(f)           He/she should bear all costs and expenses whatsoever that Calcutta Port Trust may have to incur or be put to in this connection.

              (B) Re:    Item  II

          As in (a), (b), (c), (d) and (f) of A above.

             (C)   Re:     Item III

                      He /she should satisfy the Calcutta Port Trust by production of documents and papers that there is a genuine subsisting loan expressly taken for the purpose of building or acquiring a house /flat for his/her own use.

CALCUTTA PORT TRUST
NON-CONTRIBUTORY PROVIDENT FUND

NOMINATION FORM (VIDE REGULATION 11 (B) ]

                                                                                                                                                                       FORM-I

              Particulars of previous  nomination_______

               Noted in Personal Account   ___________________________                                                                                  

                                                                                             

                                                                                                   NAME.....................................DESIGNATION........................P.F. A/C NO....................

I, hereby declare that in the event of my death the amount standing at my credit in the Non/-contributory Provident Fund of the Calcutta Port Trust shall be distributed among my dependants mentioned below in the manner shown against their names.

_______________________________________________________________________

NAME/S OF THE    ADDRESS OF THE   RELATION  AGE OF NOMI-   AMOUNT
NOMINEES(IN        NOMINEES              WITH THE   NEE ON DATE     OR SHARE
BLOCK LETTERS)                                      THE SUB-   OF NOMINA-       OF ACCU-
                                                                      SCRIBER.    TION                    MULATION
_________________________________________________________________________

 

___________________________________________________________________________

PLACE ............................

DATE ...............................

                                                                                  SIGNATURE OF THE SUBSCRIBER

  (1) NAME-------ADDRESS----------OCCUPATION-------------SIGNATURE-----------

  (2) NAME-------ADDRESS----------OCCUPTATION------------SIGNATURE------------

NOTE:   A nomination is not valid if the nominee is not 'dependant' as defined in Regulation 3(g) namely (a) in the case of a male subscriber or the wife, parent, child minor, brother, unmarried sister and a deceased son's widow and where 'no' parent of the subscriber, is alive, a paternal grand parent and in the case of a (2) female subscriber the husband, child, deceased son's widow and child, her dependent parents and parents of her husband.

                                                                                                               

                                                                                                                          FORM-II                       

APPENDIX-II

CALCUTTA PORT TRUST
NON-CONTRIBUTORY PROVIDENT FUND

FORM II [ VIDE REGULATION 11 (C)]
FROM OF NOTICE CANCELLING A

NOMINATION

NAME---------------------------------------

DESIGNATION-------------------------------------------

PROVIDENT FUND A/C NO.-----------------------------------------

         I hereby cancel the declaration made by me in favour of ____________________________

__________________________________________________________________________

as regards the disposal, in the event of my death, of the amount standing at my credit in the Calcutta Port Trust Non-Contributory provident Fund.

           As witness my hand this _____________day of ____________one thousand nine hundred and ________________________________________.

                 

                                                                                    Signature _________________________

    

 

 

               

Witness:      Signature ______________

                     Address ________________________

                     Occupation _________________________

 

    Witness:    Signature      _________________________

                        Address ______________________________

                      Occupation ____________________________

        

The Senior Accounts Officer, 
Provident Funds. 

        Forwarded for necessary action.

                                                        Signature ____________

Date _____________

                                                        Designation ______________

 

 

 

 


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