Section 13 in The Punjab Town Improvement Trusts Provident Fund Rules, 1945
13. Withdrawal of on closing of account.
(1)When a subscriber dies, the amount shown to the credit of his account in column 6 of the Provident Fund ledger (P.F.1) plus interest accrued to date shall be withdrawn from the savings Bank, of and payment of such amount shall be made :-(a)When the subscriber leaves a family -(i)If a nomination made by the subscriber in accordance with the provisions of rule 11 in favour of a member or members of his family subsists the amount standing to his credit in the fund or part thereof to which the nomination relates shall become payable to his nominee or nominees in the proportion specified in the nomination.(ii)If no such nomination subsists or such nomination relates only to a part of the amount standing to the credit of the subscriber, the whole amount or the part not covered by the nomination, shall notwithstanding any nomination purporting to be in favour of any person other than a member of the subscriber's family, become payable as to one moiety to the husband or the widow (or in equal shares to the widows) as the case may be and as to the other moiety in equal shares to the children of the subscriber :Provided that if one or more of his sons have died leaving behind their widows or sons or both, the respective shares of each such deceased son shall be payable in equal shares amongst their sons or widows or both :Provided further if the subscriber has left only a husband or widow or widows, as the case may be, the amount shall become payable to such husband or widow or in equal shares to such widows, as the case may be, or if the subscriber has left only children the whole of the amount shall become payable to such children in equal shares subject to proviso (i) above, or failing both children and widow or widows or husband, as the case may be in equal shares among other members of the family :Provided further that no share shall payable to -(1)married daughters whose husbands are alive ; and(2)married daughters of a deceased son whose husbands are alive ; if there is any other member of the family in existence.(b)When the subscriber leaves no family :-(i)If a nomination made by him in accordance with the provisions of rule 11 in favour of any person or persons subsists, the amounts so standing to his credit in the fund or the part thereof to which the nomination relates shall become payable to his nominees or nominees in the proportion specified in the nomination.(ii)Or, if no nomination made by him in accordance with the provisions of rule 11 subsists, or if such nomination relates only to a part of the amount standing to his credit in the fund, the whole amount or the part thereof to which the nomination does not relate shall be payable to his legal heirs.Explanation. - (1) For the purposes of this sub-rule a subscriber's posthumous child shall be considered to be a member of his family at the time of his death, and if born alive, shall be treated in the same way as surviving child born before the subscriber's death.(2)The case of a posthumous child already born when the case is taken up by the disbursing officer will present no difficulty. For the rest if the possibility of the birth of a posthumous child is brought to the notice of the disbursing officer the amount which will be due to the child in the event of its being born alive, shall be remained and the balance distributed in the normal way under the sub-rule referred to above. If the child is born alive, payment of the amount retained should be made as in the case of a minor child ; but if no child is born or the child is still born, the amount retained should be distributed among the family in accordance with the sub rule cited above.(2)Subject to the provisions of rule 14, when a subscriber ceases to be a servant of the Trust, the amount shown to the credit of his account in column 6 of the Provident Fund Ledger (Form P.F.1) plus interest accrued to date shall be withdrawn and shall be paid to him :Provided that -(a)if he is transferred otherwise than temporarily to the service of another local body which maintains a provident fun, or when having been transferred temporarily from the service of another local body he revers to such service the amount withdrawn shall be paid to such other local body for credit to his provident fund account with such local body ; and(b)if he is transferred temporarily to the service of another local body, the amount shown to the credit of his account in column 6 of the Provident Fund Ledger (Form P.F.1) shall not be withdrawn but shall remain to the credit of his account.(3)When a subscriber -(a)has proceeded on leave preparatory to retirement, or(b)while on leave, has been permitted to retire or declare by competent authority to be unfit for further service, the amount shown at the credit of the account in column 6 of the Provident Fund Ledger (From P.F.1) shall, upon application made by him in that behalf, become payable to him subject to the provisions of rule 5 :Provided that the subscriber, if the returns to duty shall, it required to do so by the Trust, repay to the Provident Fund for credit to his account, the while or part of any amount paid to him from the Provident Fund in pursuance of this sub-rule with interest thereon in cash or securities or partly in cash or partly in securities, by installments or otherwise by recovery from his salary, or otherwise as the Trust may direct.(4)Notwithstanding anything contained in sub-rules (1), (2) or (3) no amount shall be withdrawn for payment to a subscriber or his heir under the provisions of those sub-rules unless such payment can be made immediately; provided that if such payment can be made within one year if the amount at credit of the subscriber's Provident Fund Account is ten rupees or less, or within three years if such amount is more than ten rupees, the Trust shall withdraw such amount and credit it to the Trust Fund under the head XII - Unclassified, and no payment shall thereafter be made to the subscriber or his heirs except under the orders of the Deputy Commissioner.(5)When an account is closed under the provisions of this rule, a line shall be drawn in red ink across the page below the last entry in the Provident Fund Ledger Account P.F. (1) and the number and date of the challan with which the amount at credit of the account is remitted to the Treasury shall be recorded below the line together with the number, date and amount of the bill or bills on which payments of the amount are subsequently made and if the amount is withdrawn under the provisions of sub-rule (4) the words "dead Account" shall be added.
