Non-Contributory Provident Fund Regulations
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
These Regulations may be called the Calcutta Port Trust
Non-contributory Provident Fund Regulations, 1988.
These Regulations shall come into force on the date of
their publication in the Official Gazette.
Regulation-2 : Extent of
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
Regulation - 3 : Definitions
In these Regulations, unless the context otherwise requires :-
'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.
'Chairman' shall mean the Chairman for the time being of
the Calcutta Port Trust.
'Deputy Chairman' shall mean the Deputy Chairman for the
time being of the Calcutta Port Trust.
'Financial Adviser & Chief Accounts Officer' shall
mean the Financial Adviser & Chief Accounts Officer for the time
being of the Calcutta Port Trust.
'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.
'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.
'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.
'Family' shall mean :-
In the case of a male subscriber, the wife or wives and
children or step children of a subscriber.
In the case of a female subscriber the husband and
children of a member.
Parents, unmarried sisters and minor brothers wholly
dependent on the subscriber.
'Leave' shall mean any variety of leave
recognized by the Calcutta Port Trust's Employees (Leave) Regulations
'Fund' shall mean the Calcutta Port 'Trust
Non-Contributory Provident Fund.
'Year' shall mean calendar year.
CHAPTER-II-Management, Accounts and
Regulation-4 : Control and
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.
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 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
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
Regulation -7 : Annual Audit and
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
Regulation-8 : Annual
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
Regulation-9 : Calcutta Port Trust's liability to the Fund.
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
Regulation-10(a) : Membership -
Membership shall be compulsory for :-
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.
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.
'A' Category workers who joined the Calcutta Port
Trust's service on or after 1st July, 1966.
Regulation 10(b) :
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.
'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.
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
Regulation 11(b) :
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) :
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)
Regulation 11(d) :
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 .
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.
Regulation-12(a) : Compulsory
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
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
Regulation 12(b) :
The amount of subscription shall be fixed by the subscriber himself/
herself subject to the following conditions namely :
It shall be expressed in whole rupees.
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.
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
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
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
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.
Regulation - 15 : Advances to
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 :-
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;
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 :-
for education outside India for academic, technical,
professional or vocational course beyond the High School stage
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
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
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.
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.
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
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.
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.
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
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
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
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,
(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
(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 -
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
or making additions or alterations to a house or a flat already owned
or acquired by a subscriber ;
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).
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 :
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.
withdrawal admissible under Regulation 18C shall not exceed 90% of the
amount standing to the credit of the subscriber in the fund.
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.
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
Provided that such permission shall not be necessary for -
house or house-site being leased for any terms not exceeding three
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.
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
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.
OPTION & TRANSFER
Regulation-20 : Subscriber's
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
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
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
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:-
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.
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
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
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
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.
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
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.
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.
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
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.
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
CHAPTER - VIII
of Provident fund Dues.
Regulation-24 : Payment to subscribers on
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.
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
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
(1) Pay to the subscriber or
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
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
Regulation 27 : Payment to
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
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
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
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 -
Regulation 30 : Interpretation of
Regulations interpretation of Rules
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
(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.
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.
NON-CONTRIBUTORY PROVIDENT FUND
Procedure to be followed in connection
with the withdrawal of P.F. money for House Building purpose
Withdrawal may be for the following
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.
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) 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.
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.
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
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.
He/she should bear all costs and expenses whatsoever that Calcutta
Port Trust may have to incur or be put to in this
(B) Re: Item II
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.
NON-CONTRIBUTORY PROVIDENT FUND
NOMINATION FORM (VIDE REGULATION 11 (B) ]
Particulars of previous nomination_______
Noted in Personal Account ___________________________
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-
WITH THE NEE ON DATE OR SHARE
THE SUB- OF NOMINA- OF
SIGNATURE OF THE SUBSCRIBER
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.
NON-CONTRIBUTORY PROVIDENT FUND
FORM II [ VIDE REGULATION 11 (C)]
FROM OF NOTICE
PROVIDENT FUND A/C
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
As witness my hand this _____________day of ____________one thousand nine
hundred and ________________________________________.
The Senior Accounts Officer,