REGISTERED No. D. (D.N.)-72
TheGazetteof India
EXTRAORDINARY
PART Ill—Section 4
PUBLISHED BY AUTHORITY
No. 15] NEW DELHI, SATURDAY, NOVEMBER 13. 1982/KARTIKA 22, 1904
Separate Paging is given to this part in order that it may be filed as a separate
compilation
977 GI/82
(1)
2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4] 3 4 fHE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4] 5 6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC, 4j 7 8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4] 9977 GI/82—2
10 THE GAZETTE OF INDIA : EXTRAORDINARY (PART III—SEC. 4] 11 12 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4] 13 14 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC 4] 15INTERNATIONAL AIRPORTS AUTHORITY OF INDIA
NOTIFICATION
Now Delhi, the 12th November, 1982
No.PERS/1114/75-Vol. Ill,—In execisc of the powers conferred by i-lause (b) of sub-seclion (2) of section 37 of the Internationa] Airports Authority Act 1971 (43 of 1971), the International Airports Authority of India, hereby makes with the previous appovnl of the Central Government, the following Regulations, namely :—-
CHAPTER I—GENERAL
1. Short title, commencement and application.—(1) Th"se Regulations may be called the International Airports Autho- rity of India (Employees Contributory Provident Fund and Family Pension Fund) Regulations, 1982,
(2) They shall come into force on Ihe date of their pub-
lication in the Official Gazette.
(3) They shall apply ;o all employees of the Authority, regularly appointed to its service but shall not apply to em- poyees on deputation to the Authority.
16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4]2. Definitions.—(a) 'Act' means the International Alr-
rorts Authority Act, 1971;
(b) 'Authority' mcana the International Airports Authority
of India established under Section 3 of the Act;
(c) "Board' means th; Board of Trustees constituted under
these reflations;
• (d) 'Chairman' means Lie Chairman of the International Airports Authority of India;
(c) 'Contribution' means any contribution payable in res- pect of a member under these Regulations by the Authority as an employer;
(0 'Family' for the purpose of the International Airport!
Authority of India Contributory Provident Fund means :—
(i) in the case of a male member, the wif& or wives, children whelher married or unmarried, dependent parents and a pre-deceased son's widow. and child- ren. Provided that if a member proves that his wife has been judicially separated from him or has ceased under the customary or personal law of the com- munity to which she belongs, to be entitled to main- tenance, she shall thenceforth be deemed to be no longer a part of the member's family in matters to which these regulations relate, unless the member subsequently intimates in writing to the Boord that she shall continue to be so regarded;
(ii) in the case of ;i f"mals member, her husband, her children whether married or unmarried, her depen- dent parents, her husband's dependent parents and a pre-deceased son's widow and children. Provided that if a member by notice in writing to the Board expresses her desire to exclude her husband from her family the husband and his dependent parents shall thenceforth be deeme^ to be no longer a part of the member's family in matters to which these regulations relate, unless the member subsequently cancels such notice in writing.
•NOTE : In either of the above two cases, 'Child' means a legitimate child, and includes an adopted child, where adoption is recognised by the personal law governing the member. If the child of a member has been adopted by another person nnd under the personal law of the adopter, adoption is legally re- cognised, such a child shall be considered ns ex- cluded from the fumily of the member;
(g) 'Family' for the purpose of International Airports
Authority of India Family Pension Fund means :
(i) wife in the case o? male member of (he Family
Pension Fund;
(ii) husband in the case of a femnle member of the
Family Pension Fund; and
(HI) minor sons and unmarried daughters of a member
the Family Pension Fund.
Explanation : The expression "sons" nnd "daughters" shall include children adopted legally before death in service.
(h) 'family pension' means a rogular monthly amount pay- able to a person belonging to the family of the member of the Family Pension Fund, in the event of his death during the period of reckonable service;
(i) 'foreign service' means service in respect of which an employee of (he Authority receives his pav and other emolu- ments with the sanction of *he Authority from any employer other than the Authority;
(j) "Member' means .in employee of the Authority who is required or is entitled to become a member of the Provident or Family Pension Fund.
(k) 'Provident Fund' means the International Aimortu Authority of India Employees Contributory Provident Fund under these Regulations.
(1) 'Pay' includes basic pay and where admissible special rmv or personal pay, dearness Day and denrness allowance but does not include any other allowance to which the employee may be entitled";
Cm) 'President* means the President of the Board;
(n) 'lecoknable- service' means service rendered by a mem- ber of the Family Pension Fund in respect of which contri- butions are payable under this Scheme;
(o) 'Secretary' meant, the Secretary of the Board.
(p) 'subscription.' meanj a subscription to the Provident
]-und made by a member;
(q) Trustee' means a member of a Board of the trustees;
and
(r) 'year' means Ihc financial year of the International Airports Authority of India beginning on the 1st day of April.
3. Board of Trustees.—(1) The Fund established under these regulations shall" be administered by the Board of Trustees consisting of the following members namely :—
(a) Director (Finance and Accounts), who will be the
ex-omcio President;
(b) Deputy Director (Personnel) who will be an ex-om-
cio Trustee
(c) Deputy Director (Finance and Accounts) who will
be an ex-officio Trustee; and
(d) two representatives of the employees to be nomi- nated by the Chairman from amongst the members of tho Fund in consultation with the employees.
(2) An Officer in the Head Office of the Authority nomina- ted by the Chuiirman shall be the Secretary to the Board. The Secretary shall have the assistance of such staff provided bv the Authority as the Chairman may, from time to time, deter- mine. It shall be the duty of the Secretary to convene meetings of the Board; keep records thereof, take necessary steps to ensure proper maintenance of accounts and to carry out the decisions of the Board.
4. Term of Office.—fl) Every Trustee, other than an ex- officio trustee, shall subject to these regulations, hold office for a period of two years commencing from the date on which the nomination is made ;
(2) Where any casual vacancy occurs in the office of a Trustee (other than an ex-officio Trustee), the Chairman may nominate a irwmber of the Fund as Trustee to fill such vacancy in consultation with the employees and any trustee so nominated shall hold office for the unexpircd teim of office of the Trustee in whose place he is so nominated.
(3) An out-going Trustee shall bo eligible for re-nomina-
tion.
5. Resignation and cessation of Trustee.—(1) A Trustee other than an cx-offloio Trustee, may resign his office by a letter addressed to the Chairman and hi* office shall be- come vacant from t*ie date on which the resignation is accepted By the Chairman.
(2) If a Trustee other than an ex-offlcia Trustee fails to attend three consecutive meetings of the Board, without obtaining leave of absence from the President, he shall cease to be a Trustee.
Provided that the Board may of Its own motion or on an application made by such Trustee in this behalf,restore a Trustee to his office if it is satisfied that there were reason- able grounds for the absence,
• 6. Disqualification* for Trusteeship and removal.—(1) A person shall disqualified for belna a Trustee, under clause (d) •of sub-regulation (1) of regulation 3.
(i) if he is nn undischarged insolvent;
(ii) if he is declared to be of unsound mind by a com-
petent court:
Cifi) if he has been convicted of an offence involving moral
- turpitude;
(iv) if he ceases to be an employee of the Authority or if he ceases for any reason to h? ft member of the Fund.
(2) Tf any question arises whether any person Is disqualified
under nub-reftillfitio-n (1). it shall be referred to the Chairman whose decision on the question shrill be final.
17represent un llic boafd ufter fiivins him reasonable opporiu- m'ty of making any lepiesentation against the proposed aciion.
ic) secuiillcs inifchased wnh fu-nd accretions tmd any capital gains arising from the transler of capital assets of the Fund.
7. Meeiinir*. —( I) The Boaul ihull nice! in New Delhi or at
such place and -it such lime a<. may be appointed in mis Ivb.iil' by the 1'residcm. 'I he President nmy whenever hu ihinLs lit, and shall within 15 days of the receipt of a requisi- tion jn willing fiom mn lcs3 thai' 3 Trustees, call for u nicciinfi of the Board.
H, Membership of the fund.—Eveiy refiular employee oE the Authority shall be cnrilled an.l required to become it member of this fund from the beginning of the month follow- ing the dale on which he completes six months continuous service or has actually worked for not kss than 120 days within a period of six months or less.
(2) Notice of not less th;in fiftciu dayu in respect oi a
meeting of the Bo.ird shnll tie jjiven to even' Ti unite.
*
nro\i';ions nf lh*s^ RpffiiT.ritinriQ
rHE G A Z F ' l J T O M N D fA : hXIKAORIMNARV [)>ARI 111 SF<-"1 1S
(2) All amount h p wl to ihc l;und and not profits <>i losses, if any, from the Mile ol the investments, shall he transfeired to'the 'Lapsed Account'.
(1) All interest',, rail ami other income acciued 01 iculiseil, as the case may he, shah be credited to ,m account to be called the 'intercut Income Account'.
(4) All moneys riclongiiiK tn the fund shell he deposited in the manner specilieil under rule 67 of the Income tax rules, 1%2 and :'mendment thereof from tlmr to time.
(5) The accounts of the Lund shall he audited by the
authority auditing the accounts of ihc Authority.
18. Interest;—Ihc Beard shall as noon as possible after the
expiry of .every venr :—
(i) notify the rate at which ihc interest shall be allowed during the y:ar on all deposit] standing to the credit of.eveiy member of the Hind which >hull be the same rate as determined hy I he Central Government for the Conirihutoiy Provident Fund for their employees.
(ii) prepare an account of the total interest accrued and received on the investment of the Fund during lhat yew; and
(iii) credit the 'amount of intcjesl due to eveiy member on the balance standing to hi? ciedit in the Fund oi> the 31st duy of March of each year. Provided that in the case of the member ceasing to be such member before the accounts of the year are closed interest shall b- allowed at the ialc fixjd for [lie preceding year uplo the end of the month prcccedinp that in which the payment is made,
19. Member's Accounts.—(1) An individual account for each member shall he maintained in ihe foim prescribed hy lhe> Board and allotted a icparate number. Account* shall b" maintained at the Headquarters or at the respective Airport where the member is working ns may be prescribed by the Board.
(2) As soon as may be after the close of the -year, every member shall be supplied with a statement of his account showing therein the opening balances for the year of "nh- scriptions nnd contributions to the credit of his account in- cluding interest thereon, the amount of subscriptions and contributions for the year, the interest credited to his account for the year and the total amounts of tubscriprions nnd con- tributions including interest thereon to his credit a( the end of the year
(3) Every, member shall send the acceptance of [he state- ment of hit account duly signed by him after satisfyinj: him- self ns to Ihe correctness of the entries made therein, not laler than Iwo months from Ihc dale of receipt thereof.
(4) An ahstrnci for the year of th;" individual account of each member in respect of whom a return is required to be furnished under the Income Tax Rules, 1962 shall be furnished to the Tn:ome Tax Officer concerned in such form and within such dates as mav be required bv the provisions of the said Rules.
13) \ member may at any time cancel or modify a nomi-
nauon b> nolicr in wrilinj;.
I'lovidoii'that the member shall, alungwith such, notice, a fresh nomination tni'Je in accordance with the provisions of this regulation in 'fie l"nm lh.it mny be piescrihei.1 by the President.
(4) A niembei m.i\ punidc n, a nominaliop form:—
(a) that *n the event of any specified nominee prede- ceasing the mumbii-, tlu jighl conferred upon thai nominee shall pass on lo such other person or persons as m.iy b* specified in Ihe nomination:
Provided that where the member hjs a family, such other nominee shall aKo be a member of the family,
Provided also, that where the member has no family, ihe provisions of Ihe proviso to "uh-t1;i-usc (b) shall apply.
(b) lhat the nomination .shall become invalid in the event
of the happening of a contifiency specified therein,
Provided that if at the time of making the nomination the member has no family, he shall provide In the nomination lhat it shall become irp'iilid in Ihe event of hh subsequently acquiring a family.
(5) Immediately on Ihe dentil c.f n numinee in respect of whom in) special provision has been made in the nomination under clau.se i on (lit- occurrance of any event by leason of which ihe nomination become-- invalid in pursuance of clause (b) of sub-regtiiciliim (4), the member .shall send to the Secretary or ?ny other specified by Ihe President a notice in writing cancelling the nomination together with a fresh nomination m.idc in accordance with Ihe provisions of this regulation.
Ifi) Every nomination made, and cvciy notice of cancella- tion given, by a member shall be communicated to the Secre- tary or any other olficer th'it may he specified in this respect and to the extent liiat i is valid, lake effect on the date on which il is received !a ihc Secretary or any other officer spe- cified by ihe Presiden; under suh-ieculation (f, above.
17) Where the nomination is wholly or pmtly in favour of a minor, the member mny. for ihe rmrpOhe of these regulations, appoint a major person of his family as defined in tcpulation 2(c)(l), lo he Ihc 5r nominee:
Pmvided thnt if there is no major person in the family,'
Ihc member may, at his discr?linn, appoint any other person to be a gnardi.in of (he minor nominee.
fS) F.xcepl as 'jlhfiH/^e provided in this regulation no emp- Joycei shall assijm or create a ch.'irg; upon his benciicial inte- rest in the Fund.
21. Advances from (he. Fund.- I I) The Board may sanction the payment to uny member of an advance for any of the nurpo-.es lis'cd in eol'imn 2 of the statement below upto the limits and subicu lo the special conditions, if anv, set Out in fohimn .1 and column 4 respectively.
S.N. Purpose
Special
Limit upto which advance may lie sanctioned
Con-—
dilions
1 2 ~
20. Nominations. — (1) Every member shall, as soon as possible after joining the Fund, make a nomination in the form th,'it may be prescribed by the Board conferring upon one or more person* Ihe right to reoeive the amount which may stand to his credit in the Fund in Ihe event of his cleuth before thnt •imonn; has become tunable or having become payable has not been actually paid.
ProvTded trr.it if, at the lime nf matin™ tlie nomination, Ihc member has a family, (he nominations shall mil lie in favour of nny person i-r persons other ihnn fhe member of his family,
(2) If n member nominates more than one person undei sub-residntion fl) he shall specify in the nomination fcim the amount or share payable to each of the nominees In such manner as to -.'over the whole amount which may stand 1o his credit in the Fund nf anv time.
3
4
1. To pay for ihe cost of passage to a place out of India of Ihe member or any member of his family.
3 months' pay or ball" of the iimounl of subscrip- tion and interest thereon standing lo the credit of ihe member in Ihe Fund, whichever is less.
2, To pay obligatory ex- penses on a scale app- ropriate to the status which by customary
19.1 4 1 2
usage the member has to in^ui" in" connection with :
(a) (i month-.' pay or half of the amount nf subs- cription niul interest ihereoii standing to the credit of the member in the Fund, wfaich- e\er is Ics-,.
(a) ihe marriage of himself or ol' hii children oi" any other member ol his family actua- lly dependent on him.
(h) 3 months' pay or half of the amount ol subi- cription and interest thereon standing to the credit ol" the member in the Fund, whichever is less.
(h) other ceremonies con lectcd with himself or of his ehiUicn or ol any oihoi member ol his fainilv actua- lly dependent up- on him or in co- nnection •-viLh the funeral ceremoni- es ol" his parents, or of an> other member of his family dependent on him.
Note 1 : - -The condition ol dependents on the employee shall- not apply in respect ol his son or daughter for marri- age and in respect of his parents for funeral in the matter grant of advance.
NoLc il : —For the purpose o( SI. No. 2ta) the unmarried sister will be deemed to be the member ol the family of the employee.
3 months pay or halt" of the amount ol subscription and interest thereon stand- ing to the credit of the member in the Fund, whichever is less.
1. To pay any expenses in connection with ill- ness or disability in- eluding where nece- ssary travelling exp- enses o( ihc member of his family actually dependent on him.
-do-
4. To m.'el esiieniei to; higher technical edu- cation of his SOU ill1 daughter wholly de- pendent upon him.
5. Fo meet expenses lor his defence in a court of taw in his official capacity to vindicate his character oi action.
3 months' pay or hall ol the amount ol' subscrip- tion and interest thereon standing to the credit of ihe member in the Fund, whichever i-. Ic^s.
(2) Notwithstanding anything contained in suh-tegulution (U, Chairman may grant advance m L\UJSS of Ihe limits lrtid down above or in any case ol acute dislits-. not oneied by the conditions set out ahov^
(3) An advance .shall not. ..'\tcpl foi special lessons, be granted in any member until repayment ol the last instalment of any previous advance tojjeihcr with inleiest thereon. How- ever, in cuses, where . second adviuic: is trained, before the repayment of the fhsr advance ihe balance of iiiiy previous advance not recovi-ied .shall he :ulded to the advance so sanc- tioned and [lie instalments foi lecjvery shall he fiAed with reference to the consn'idaied rnnount.
(4) A member whj li.is b^n sanctioned an advance iron) the FLUHI shall saiisfj the sanctionini,' nulliorily within such period a-, may be specified b-v ihe Authority th.r the money has been utilised loj- ;h; inirpose for which it was sanctioned and, if he lajKs to do so. ihe whole sum so auctioned or BO much ihcreol as lias not neen applied I'm ;he purpose for which it was sanctioned, shall forthwith b- repaid in one lump-sum I'leeih.-i with inlfresl thereon ur 1he rate specified Wider iiili-i^illation '"^I nf Re31ihli.u1 ?.2 by Ihe member of tlie Fund and in default of such payment "shall he ordered by the sanctioning authority to be recovered from his emolu- ments either in one lump-sum or in such number of monthly instalments as may be determined by such Authority.
22. Recovery oi advances.—11) An advance shall be recover- ed from Ihe member in such number of equal monthly instal- ments as the sanctioning Authority may direct but such num- ber shall not b" (ess than 12 unless the member so elects and more irwn 3fi. A member may at his option make lepaymentof more than one instalment in any moiuh. The amount of each instalment shall be fixed in terms of whole uipees, the amount of advance beinj raised or reduced if necessary to admit of inch fixation.
(2) Recovery shall He nmJe m thr manner piovided in Regu- lation ib and shftll commence from the first occasion, altet the advance is made on which the member diuws pay for n full month, Recovery shall, however, not be made except with the membei's consent while he is in receipt of subsistence grant or on sicL leave and An extraordinary leave exceeding 30 duys.
(3) Interest shall be •.•harmed on advances and recovered in accordance with the provisions of Rule 71 of the income T H\ Rules, 1962.
23. Withdiawals. —: 1) J'hc Boaid may saiction a v.nhdrawal at
Note.--The service rendered by an employee under Cential Government or in a Public Sector Undeitaking be- fore he becomes u regular employee of the Authority •hall be reckoned for the period of 20 years, mbject to the condition that the amount standing to his credit in his Provident Fund Accoimi while under Government or the Public Sector (Jadcilakinif has been credited to the Fund under these regulations. Thrs will, hoover, apply only in respect of such employees from Cenlral Government or Public Sec- tor Undertakings who become, refjuhir employees of Uie Authoiity latest by l-l)-1977.
S. No, Purpose Limit ilplo whicf i with- Special
drawal may be sanctioned
1 2
3 4
(0
(ii)
The amount of withdrawal shall not ex- ceed one half of the amount standing to the employee's credit or the actual cost of the house and or of the site whichever is less.
(iii)
1. To meet ex- penditure on building a house or pur- chasing a site or a house and site. Provided that the employee furnishes an undertaking not to en- cumber or alternate such a house or site or house and site as the case may bc.
The employee shall have completed 20 years of service or is due to retire "within the next 10 years. The construction of the house should be comm- enced within six, months of the withdraw KI and should be completed within 18 months from the date of Common- cement of the construc- tion. If the withdrawal is made for the purchase of a house nnd/or A site for a house tha purcahse should be made within six months of the withdra- wal.
20 THE GAZETTE OF INDIA : EXTRAORDINARY [PARI 1U—SKC. 4j
1 2 3 4
(v) where the withdrawal is for the construction of house, it shall be per- mitted in two or three equal instalments; a lat- er instalment being per- milted only after veri- fication by the Board about the actual utili- sation of the earlier withdrawal. OS
(vi) the withdrawal shall bci permitted only if thej house and/or site is free i from encumbrances and j no withdrawal sho.ll be perroiUcd for purchasing H. share Jn a joint pro-] perty or building or house or land whose ownership is divided.
(vii) if the amount withdrawn J exceeds the actual cost j of the purchase or cons-^ struction of the housej and/or site, or if the"! amount is not utilised for the purpose for which it is drawn the excess or the whole amount, as the case may j be, shall be refunded; to the Board forthwith in lump-sum together! with the interest from, the month of such with fl drawal at the ratej prescribed in Rule 71 < of the Income Tax Rulcs.g The amount refunded shall be credited to the employee's Account in the Provident Fund.
(2) The actual withdrawal from the Fund shall be made only on receipt of an authorisation from the President or nny other officer specified by him in this behalf. The authorisa- tion shall be issued us soon as the formal sanction of the Board has been issued.
(?) The provisions of sub-regulation (4) of Regulation 21 shall mutatis mutandis apply to moneys withdrawn from the Fund under this Regulation.
2JA. Withdrawal for Payment of Premium—The Board may sanction withdrawal by ,i member of the Provident Fund subscription standing to his creJlt to pay prenria on policies of lilt insurance of a member or his wife :
Provided thai no amount "hall bo withdrawn:
(a) beforo the particulars of tile policy arc submitted to
the Board and accepted by them as suitable; or
(b) unless the- policy is assigned to tho Trustees, receipts granted by any Insurance Compony for the premia are from lime to time handed over to the Trustees for Inspection; or
(c) in excess of the amount required to msst EI premium.
(d) in excess of (i) tho ray of employee for three months at the time- of withdrawn! or (ii) the total of tho accumulation ot subscription and interest exempted from income tax contained in the balance to the credit of the employee, whichever is less.
(e) unless the premium for a policy in respect of which withdrawal is permitted fa payable annually:
Provided further (hat if such policy nmlure^ or othcrwisa falls duo for payment befors the- employee ceasei'tc- be in !
th" service of the Authority, the amount received or receiv- able thereunder sha.ll be utilised to ieimbuj;se the member's account to the c\tent of the amount drawn therefrcm or the iimounl received against the insurance polity, whichever is Jess, and the balance, if any, made over to the beneficiary under the policy :
Provided fuither, that il' a member, having vviihdiawn any amounts under this Rceul-tliJn, elects to" discountinue such withdrawals, tilt; lotal amount, so withdrawn by him for payment of insurance premid ihall be leimburstd to his account in tho Fund and thd insuiunce policy assigned to or deposited with* the Trustees shall not ba reassigned or re- lumed to him, .is the case may be, unless the amount with- drawn is vo reimbursed,
24. Conversion of an Advance into a Withdrawal.—A mem- ber who has already drawn an advance under regulation 21 may convert at his discretion by written request addressed to the President through the Secretary the balance outstanding against him, into iinal withdrawal on h's sutistying the con- dition luid down in sub-regulation (i) of Regulation 23.
25. Find Withdrawals of Acciimul ilions in the Fund.— When a n:ember quits the service of the Authority the accu- mulated l_Lilance standing to his credit in the Fund shall, snbj
Provided that if .the member uuits service for taking up (Vpointment with Central or State Government or any auto- nomous organisation or any society registered under the Socie- IJLi Registration Act, 1960, or public undcitakinfi etc. with the proper permission of the- Authority, the balances at bis credit in the Fund shall not be payable to him but be trans- ferred to his new employer if the Provident Fund Rules o[ that employer allow such tiansfer.
26. Procedure on death of Members.—Subject to any deduc- tion under Regulation 27 on the death of a member bcfoic the amount standing to his credit -has become payable or where the amount has become payable before* actual payment has been made:
(i) if n nomination made by the member in accordance with Regulation 20 subsists, th; amount standing to his credit in tha Fund or that part thereof to which the nomination relates, shall become payable to his nominee or nominees in accordance with such nomi- nation : or
(.ii) if no nomination, subsists or if tho nomination relates only to a part bx tbc amount standing to his credit in the Fund the whole amount or ihe part thereof to which the nomination docs not relate, as the case may be, shall become payable to the members of his family in equal shares :
Note:
In case Ihe ihare becomes payable to the minor children under the aforesaid clause it shall be paid to the surviving parents bcin? the natural guardian without an indemnity bound ;
Provided that no ^hare shall be payable to :
Ca) sons who have attained majority;
(b) sons of a deceased son who have attained majority; (c) married daughters uhosei husbands arc alive ;
(d) married daughters of a deceased son whose husbands
are alive.
If there is any member of the family other than those specified in clausis (a), ib), (c) nnd (d):
Provided further that, the widow or widowt, and the child or children of a deceased son shall receive between them in equal parts only the share which that son would have re- ceived if ho had survived tho member and had not attained tho age of majority at th; time of the members death.
fiii) In any case, to which ths provisions of sub-regu- lations (i) and fii> do not apply, the v.hole amount shall be payable to th; person lecally enHiled to ii.
21Explanation.—For the purpose of this parasi.iph a member's posttkinrxis child, if born alive, shall be treated in the Mm-' way as suivi.'ing child bom befoic lhe member's death
27 Deduction.—U) Suhjc-ct to the condhitm ;h;it no deduc- tion may be made which reduces th- credit by more Iruin that the amount of any coiuributioii by (he Authonty with inteiest Hid eon. before the amount standing 10 the credit of a member in the Fund i.i paid out of the Fund, die Chairman may direct tbe deduction therefrom of;
(ajany amount, if a member has been dismissed from
the service of the Authority.
tb) Deductions in the cases of aouuitaiy icsignation or retirement ir Auihrity shall be on the following graduated scale :---
Length of service- Shine of contributions
Less than three icars -5 "t, Iktween tlnee jnd four years 5Ur,. Del ween four and h\e years 75f/v
In cabc of death ind in r-'.:sc of icsijinulion from service where transfer of Con'.ribU'.ivv Provident Fund balance is involved, employer's contribution would he iiaid in full ir- respective of the length of service rendered.
(O Any amount due under :i liability incurred by the
member to Hie authority,
12) All amounts deducted undc, cluuvj (.a) oy LI.-IUSC ibj of
sub-regulation (1) shall lapse to flu Fund.
(3) All amounts deducted under clau.se (e) of sub-regula-
tion (1) shall be paid into the credit r>:' til..1 Authority.
28. Manner of Payment of The Amount in the Fund.—(l,t When the amount 4tuitdiri£ to the credit o[ a membei in the Fund or the balance ihereof. nfter any deduction under Regu- lation 27 becomes payable, il shull be duly of the Secretary or any other oJlicer specified by the President in 'ihis behalf after satisfying himself as to correctness of the amount pay- able, to make payment un receipt of a written application in this behalf as provided in. siib-refiuKilion O) below.
(2) If the person to whom under lh;s,_- regulations any amount is to be p.iid is a 'lunatic' and for whose estate a Manager has been appointed under (he Indian Lunatic Act 1912. the payment shall be made to such Manager and not to the lunatic.
(3) Any person who desires to claim payment under this regulation shall send a written application in that behalf to th* Secretary or any other ofiicer specified by the President in this behalf in such form as may be prescribed by the Board. Payments of amounts withdrawn shall be made in India only. The person to whom the amounis are payabk shall make their own arjanjsements to receive payment in India.
CHAPTER IIT
International Airports Authority of India Family Pension Fund Scheme
29 Membership of the Family Pension Fund.—This scheme lnall apply to every employee who becomes a member of the fcjrjployee's Provident Fund Scharnc, provided he is not in receipt of pay exceeding 1.000 rupees per month:
HI) hi ictires or quits so vice and wiihdiaws or becomes en- titled to withdraw ihe benefits to which he is entitled under this scheme or dies during the period of reckonable service, whichever is the earliest.
Explanation.—Once the pay of an employee exceeds Rs. 1,000 p.m. he would automatically be deemed to have opted out of the Family Pension Scheme.
11 Resolution of Doubts.- -If any- question arises whether an emplyoce is entitled io becora.- a member of the Family Pension Funj Scheme, the decision thereon ol the Hoard of 'I rustet's shall be final, provided that no decision shall be ui\'en unless .the employee has been heard.
32. Fees mid Allowan^s.—All expense- leluting to the administration of hamily Pension Funil including the pay and allowances of the slnif appoiiV.ed for rho purpose of udmi- risterinj; die ft'.-n.l shi'll be borne by the Authority in the same manner as indicated i,i Regulation 10.
33. Family Pension l-uiid.—
(b) Ihe Authority shall also contribute ai Ihe rats of 1-1/6 per cent of the pay of the members of the Frinily Pension Fund und credit ihe contribution to the Family Pen- sion Fund Accoimt.
(c) The contributions payable under sub-rc^ulations (a)
and (.b) shall he calculated on the hasis cf 1hf monthly pay.
(d) Fach eontribulion payable under sub-regulations (a) and (h) shall be calculated to the nearest quarter of rupee, 12.5 paise or more to be counted as the next higher quarter of u n.'pec.
34. Partictrlais to be mppuvd by persons already employed at the time of the .-omnicncement of the Family Pension 1-und.—Hvcry person who h entitled to become a member of the Family Pension Scheme shall bt; asked forthwith by the Authority to I'uiuish and shall, on such demand, furnish to it, particulars concerning himself and his family in the enclosed Form A.
35. Allotment of Accounts Numbers.—Separate account \\MI be allotted fo each member of the- Family Pension Fund Scheme.
36. Family Pension Fund Account.—The aggregate amount received as the Authority's and the employees' contribution* and also the Authority's own contributions to the Family Pension Fund shnll be credited to an account called the "Family Pension Fund Account'.
37. investment.—All moneys belonging to the fund shall be deposited in the manner specified under Rule 67 of the Income Tax Rules, 1962.
38. Disposal of the Fund—fu) All payments on account of Family Pension and other benefits under this Scheme shalf be chargeable against the said account.
(b) Subject to the provisions of the regulations under th/s Scheme, the Family Pension Fund Account referred to in Recul;Uion 3fi above shall not, except with the previous sanc- tion of the Authority be expended for any purpose other than the payment of benefits as may be admissible under tfifs Scheme *o the members of the Family Pension Fund* or peiions belonging to his family.
21 THE GAZETTE OF INDIA : EXTRAORDINARY [PAR J HI—SEC 4J41. Muinltnance of Family Pension Fund Aeeoun!.—The account' called ihe 'Family Pension Fund Account1 .shall be opened and maimaincJ in such manner as may be specilicU by the Board with aiipun.il of the Aulhority.
42 Rale of Family Pension.—(ll In the case of a member who'dies during the period O"' reekon-ible st-ivjee before at- taining the ngf of sureinniiiialion, family pension shall be paid at the rales specified in the I ib'c below, subject to the condition that he has been u member oC the Fi.mily Pension Fund for a pt-'i iod of not less than 2 years.
No;e : In the ease .~>f erstwhile Government servants ab- sorbed in the snvice of Ibc Aulhoiity by 1st September. U"77 and employee.*, of • jther public sector undertakings who iuincj service in the Authority by that date in continuation of their service in lho.se undertakings, the past service in Government oi public sector undet taking will h^ reckoned towards the periods of two Years.
Table
Monthly Rate of Pension Pay of Ihe Member per Month
subject to a maximum . Rs. 800 and above
(2) The Family Pension sh.nU not be paid to more than
one person at a lime :
Note ; --
(U In ciwrs where ihete are two or moie widows. Family Pension shall be puvnble to the eldest s-ur- vivin.ij widow. On her death, it shall be payable to the ne\l Miivin'ng widow, if any. 'the term "eldes-l" woulj mean senioiiU with inference to the date of marriage.
(ii) In the event of reinanij^e or ileath JI the widow or widower, the pension will be granted to the minor children through their natural guardian. In dispute cases, liowevn-, payments will, be made through a lejal uua/di.in.
44. Commencement of Payment of Family Pension.— Family Pension shall become payable from Ihe beginning of the month immediately following the month in which ;, mem- ber of Ihe T-nmiy Pension Fund dies.
45. Lump-sum Benefit,—Where a member of ihe .Family Pension Fund Scheme dies during Ihe "period of reckonablc service, lump sum of Rs, 1;000 as lump sum benefit shall be payable to his family in the order indicated in Regula- tion 43.
2
.1
23Age ai cessation ol memher.ship in
1 iiclor (I-)
Family Pension Hind
lime they came on deputation will be taken ns the uj;o of hecominp a member ol ihis Scheme (oi the purpose m this Regulation.
.11
33
34 35 36
37
4'J. Dishuinemcnl of I-amily P^n^uin on*1. Olhri benefits. -- The Bn;u\l shall, with the approval of (lie Authority, enter inio airaiiycmcnls for the di.shuisement of Family Pension and olhei beiK-liti, under this Scheme with disbuising agen- cies like post oAicc, 01 rMlionnliscd runLi m heaMjries. The commission payable to the ilishm seme nt agencies and other (.hiiriicij incidental thereto shall be met 1'iom the portion of Family Pension Fund contributed by the Muhorily under Regulation 33.
38 39 40
41 42
0. f 1 0,55 0.5S 0.60 0.63 0.65 0.6!* 0.70 0.7: 0.74 0.76 0.78 0.80 0.81 •0.83 0.84 0.86 0 87 0.8S 0,89 0.89 o.yo 0.90 0,90 0.91 0:92 0.93
Table-li
(See Regulation 48)
Age of entry
Factor by which the benefits payable are to be multiplied (See Regulation 47)
AGfci at cessation of membership
Factor 'F'
in Family Pension Fund
20
21
0.25 0.27 0.30 0.32 0.35 0.37 0.40 0.43 0.45 0.48 0.50
0.95 0.92 0.89 0.86 0.83 0.80 0.76 0.73 0.70 0.67 0.64 0.6] 0.58 0.J6 0.53 0.50 0.48 0.46 0.43 0.41 0.39 0.37 0.34 0.32 0.29 0,27 0.24 0.22 0.19 0,16 0.13 0.10
24 THE GAZET'TF OF INDIA : FXTRAORDJNARY [PART Til—SEC. 4Form A
(See Regulation 341
<\ccount No.
DECLARATION FORM
Surname •• -— — — —
1. Name
(in block: capital)
2. Sex
.1. Nationality -—•
4. Father's/Husband's name - •-
.V Martital status — (Whether unmarried, married, widow or
(widower)
6. Date of birth— — -day - month year
(where exact particulars arc not available, approximate age may be indicated in consultation with the Medical Officer of the establishment)
7. Permanent Address :
Village Thnna —
Tehsil/Sub-Jivision — •
Post Office • Dist —
State
• -
8. (D I declare that T hava not previously been n member of
the Employees Family Pension Fund.
(fl) I hereby furnish h;low particulars of the members of my family who would be eligible to receive Family Pension and lump sum benefits in the event of my premature death in service.
with
Age Relationsuhip the Member SI. Name & Address of the No. of the Family Members
1.
2. elc.
• " ( F I T) I L ' e u i fy < h ui I l i . u 'i no T a m i l ;- as d c l i n eJ in I . W .I ( 2 ) ( ' s)
nl the JAAI (Lmplnyces Contributory Provident Fund and Family Pension Fund) Regulations and should I acquire u family hereafter I >h;itl furnish particulars thereof 11 the above form.
•(Delete if not nefesvm )
Signature or LfffRi^'il hand thumb impression of the
member
(to he completed by the Employer)
Cerlilied that the above declaration hai been signed/thumb
impression hy Shri/Shrimati- employed in my establishment Lefir; me -.liter lie she had read the entries/the entries have been read over to him her by me and got confirmed by him her.
Signature of the Employer or other authorised office of his establishment
Designation •
Name & Address
of the Kslabl;shm;nt - Olneer S;al/Slump
Place
Date
Form B-—Agreement Form (Set Regulation 14)
I hereby declare that I have read and understood Interna- tional Airports Authority of India (Employees Contributory Provident Fund and Family Pension Fund; Regulations, 19S2 and I hereby undertake to subscribe to the Fund and a£.ree to be bojnd by the said Regulations.
Signature in full
Witness
Name —• •
Date
Designation
A.M. KAPUR, Chairman
FNNTUD 1Y TM MANAOIft, OOVT. OP INDIA PKEIS, UNO ROAD, NEW DELHI-1100*4
AND PUBLISHED IV THE CONTmoI.LlJt OP PUBLICATIONS, DELHI-110054, 1912
- to represent the interest which he purports to ↩
- ii mccling fo ' consideration of any malic/ which in hii opinion is urgent, nt a notice shorter than fifteen days, such shorter notice shall he deemed In be sufTicieit noiice for the purpose of illi-* regulation. Explanation : 'a) If an employee has been a member of a Contributory Provident Fund coered under the Kmployecs Provident Fund Scheme, t952 or any other Piovident Fund csiabli-ibed by Central or State Government and/or any other Provident Fund re- cognised under the Income Tax Act, 1961 and has not withdrawn the Provident Fund amount standing to his credit al the time of his joining the Authority, he shall be eligible to become n member of Ihe Fund from the date of his appointment. (b) The Pensioners and superannuated persons of the- (3) The President sluil preside :u evei> mee'lnj; of Ihe Boiii'd. In his absence, th; I'rnslejs shall elect one of the members present to preside at Ihe meeting and the' person so j.ll the powers (if the President tit such elected shall have f meclinp. K. QuoiLim.'—(1) JNo business shall be tiansnclcd at .< State/Central Government departments will become members of the fund from the date of their ap- pointment provided that their employment is not less lhan one year or is extended for one year or more. meeting of the Huiii'd uniesri at Icnwi three Trusted are present of whom at least one snail be f'otn among those nominated under clause (d) of Mib re^ulnim ll) of Regulation 3, (c) The persons appointed on contract basis shall not be eligible to become members of the fund unless their contract of appointment spcciflaclly r-rovides for the same. (2) If at any meelip^ a quorum ii not present the President t>hall adjourn the meeting informing thi Trustees of Ihe time and place of the adjourned meeting and it shall thereupon be lawful to dispose of ihe business at such adjourned meet- ing, irrespectnc of the mimlvr of Tmsleei pretent thereat, 14. Agreement to be executed by Members,—Every em- ployee on becoming a member of the Fund shall execute :.n agreement in the enclosed Form B. (3) livery question considered at a meeting of the Hoard shall be decided by a majority of votes of the Trustees present I\TK\ voting and in the even of an equality of votes ihe Presi- dent shall have and shall exercise a second of casting vote. 15. Kates of .subscription and conlribution.—(1) fcvery member shall subscribe to the Fund each month at the rate of 8 per cent of the cay earned by hi n for the month 9. Minutes of ihc Meeting—-The minutes of the meeting of the Hoard shall be kept by Ihe Secretary of the Board. A member may increase his subscription to any rale not exceeding twenty five per cent of the pay earned for the month. On the confirmation ot such minutes, with or without modifications at (ho next meeting of (he Board, the minutes so confirmed .shall be recorded in the minute Tionk ond signed by the President tmd the minutei s^> recorded and signed shall be the proof of ihe correctness thereof. Provided 'thai such enhancement shnll be given effect to from the subscription which ha* under these, regulations to be 1 rented as the subscription of the first month of a finan- cial year. 10 Fees and Allowances.—(1) All expenses rclulinp to the administiation of the F'.ind including the pay and allowances of the stuff appoinl-.-J foi tin purpose of admi- nisferinji the Fund .ihuil be borne by th-» Authority and shhll not be charged to the Fund. (21 The- prant of tiavellin.c allowance to a Trustee in tes- Fxpl. Note : The pnv for the purpose of determining the rate of subsciiption lo Contrihulory Provident Fund by re- employed employees shnll be the nay pins pension nrd other retirement benefits taken into account at the time of fixation of (heir re-rmployment pay, The maximum amount for this purpose is, howrvcr, :m( to exceed the maximum of the scale of the post held bv the employee concerned. Dcarne's Al- lowance shall be tiikcn into account in addition. pfct of iourneyi performed by him for attending 1hc mf-eling of the Board shall b« Governed by IJK 'eiruialionn applirahle li> him for journeys performed un official duty and shall be paid by the Authority. CHAPTER II (2) The Authority shiil' conlrihute to the Fund every irMinlh an amount equal to ihe amount subscribed by each of ↩
- Provident Fund and Family Pension Fund Act. l(>y? (as amended in 1971) a, provided in pnrflpraph 3(M and 4 of that scheme may exercise within th-ee months of the .line ..f promulgation of these Reculations, th- option for not joining the Family Pen- sion Fund of Ihe Authority. 39. Forms of Accounts.— The accounts of the Fnmily Pen- sion Fund shall be maintained in such form r,nd manner a« mav be specified bv the Awhoiify. 4'i. AuJii. -.The :i;\\nints of the Fund shall be nudlted bv 30. Retention of Vembe^hip.-A member of ih- Family- Pension Fund shull continue to he n member of the Famllv Peusion Fund till he niluins the ^ of sujvranmmlion or the authority auditing the accounts of the Authority. ↩
- pay I 150. of Rs. 12° ol subject lo a minimum and maximum of Rs, of Rs. . Rs. 200 and above but below Rs. 800' pay l 60 of 96. 46. Retirement Benefit.— (1) On sUtMining the age of super- annuulion of a member vt the Famifv Pension fund who has contributed to the Familv Pension Fund for a peiiod of not le.su than 2 vears shall be paid i Innirt sum of Rs. 4,000 and thereafter he shall cc.ise to be a 'ii.'niber of ihe Family Pension Fund. subject lo a minimum . Uclow Rs, 200/ pay 1 40 .10",, of of Rs. Note : In the case of erstwhile Government servants absorb- (2) If nt the tiine of death during the period of reckon- ablc service, a member was not in receipt of full pay, the rate of full pay last drawn by him during that period shall be laken into account for the abo\e assessment. ed in Ihe service of Ihe- Authoiily by 1st September, 1977 and employees of other public sector undertakings who joined service in the Authorily by that djte in continuation of thcii service in those i.'ii'lerUkings. ihe p;ist service in Government or public sector indertakine will be ieckoncd lowards the periods of two yems, (3) Where an employee who has been a member ol' this Family Pension Fund, for a period not les^ thon 7 years dies during the period of rcckonuhle service, the above tale of Family Pension shall be subject to ;he following modificH- • lions :— (2) Where a member of Ihe Faniilv Pension Fund to whom any amount become^ payable under sub-regulation (1) ' dies before the amount his been actually paid to him. the lump sum payment under suh-iemulation !l) shall be pay- able lo a member of hi? family who would hivL- been en- tilled to leceive Family Pension under Regulation 43. 47. Withdrawal Benelil.—(1) In the cose of cessation of membership from the Family Pension Fund before attaining the npc of superannuation for reasons other than death, the following benefit shall ;,cerue to the member of the Family Pension Fund : (a> for a period of 7 years from Ihe date of death or till Ihe date on which the member of the Family Pension Fund would have reached the age of 5S years had he remained alive, whichever period is shorter, the Family Pension payable shill be at 50 per cent of pay last drawn in full subject to a maximum of twice of the J-rtmily Pension mentioned in the Table : Provided thtat he has paid contribution to the Family Pension Fund for not 1MS than 2 years : Note : In the case of erstwhile Government servant* ab- sorbed in the .lerviec of the Authority by 1st Sep- tember, 1977 and employees of other public sector undertakings who joined service in the Authorily by that date in continuation of their service In those-undertakings, the past service in Government or public sector undertaking will be reckoned to- wards the period of 7 years. Y--X x4000 F Where =—age of entrv, Y=agc at 58—X cessation of membership from the Family Pension Fund and F =a factor depending on the uge at cessaiion nf membership from the Family Pension Fund as given in Table [ of the Schedule to this Scheme, (2) In the event of v-cssalion of membership from th*""' (b) the Family Pension payable afler the expiry of the period referred to in clause fa) shall be the same as in the Table. 43. Family Pension lo Whom Payable—(1) Subject to ihe provision of Regulation 42., the Fnmfly Pension Family Pension Fund, before the completion of two -years' contributions to Ihe Family Pension Fund, the contributions of Ihc member of the Family Pension Fund credited to the Family Pension Fun(t fi.jwther wilh interest thereon at the late of 5-1/2 pet cent per annum shall be refunded lo him. is puyahle :— (a) to the widow oi whlowcj- upto Ihe date of death or •remarriage; whichever is earlier; (b) failing (a), to ihe eldesl surviving minor son until he attains the ape of IS \earS; and fe) failing (a) and (b), lo the eldest .surviving un- mnrrie.i daughter until she- Htluins (he ape of 21 venrs or mnrriupe, whichever is earlier. 4S. Benefits for Members entering I'umiU IVi.sion FunJ after nltnining the nge of 25 \oai-,.—Where ;i person be- comes a member of the Family Pension Fund after Ihe age of 25 rears, Ihe rctirertient/wiilidr.'iw il benefits shall be puvable in accordance with 1he provision contained in Re- gulations 46 and 47 multiplied by a factor depending on the aflc nf entry «iven in Table TI nf ihe Schedule to 1ln\ Scheme, In respect of Government servont ! nn deputation vxhu are sliliseqnemly absorbed in *lie Authority, theii aue nt the ↩
- ha\e lo be comnltled in connection with the grant ol Famiiv Pension and other benefits or foi the con- tinuance thereof subject to such periodical '."lifica'inn ns may he considered necesssiy. 31. Powei to Issue Directions.--'! hi' Aulhoiity m.iy issue such directions as ma> he deemed iisl :tnd proper bv it for resolving any dilliculiy in the implementation of *his Scheme including difficulties in the mutter of disbursement of Family Pension and other bcnelils. 43 44 45 46 47 48 49 50 51 52 53 54 5.1 52. Delegation ol Pin ,eis.—'Ih? Ho^id may delegate any of its powers under these lefulutions to the I'lesident or to anv et-oduio Trustee, oi to the Secretary, subject to Stich conditions and modifications, as it mwy deem fit In impose. 56 57 53. Relaxation.—Provisions of these Rejjirlations mav be iclaxej with the approval ol Authority, in reipect of any employee m- category of employees foi special reason ! lo be recorded in wiiting. 54. Interpretation.—If any question nrises "elating in the interpretation of these regulations, it shall be lefeired to the Chairman whose decision thereon shall be final. 26 - 27 28 29 30 55. Windinfl u p — T he Fund sh.dl not be closed except when the Authority is wound up. In the event of the dis- solution of the Authority, the Hinc! shall be closed and the moneys alter payment of amounis due to he paid but not yet paid under these regulations, shall be distributed amongst the members then existing by payment io each of them :i sum which shall hear the same proportion to the aggregate mar- ket vilue of the proceeds of securities nn,| un-invested cash then constituting (he Fund ri.. the amount then standing to the credit of the member in his individual account bears to the aggregate of the amounts then standing to the individual accounts of all such member"!. 31 32 33 34 35 36 37 SCHEDULE Table—1 3K 39 40 41 42 ?3 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 ↩