Section 26 in The Coal Mines Provident Fund Scheme
26. Election for Continuance of Membership of Certain Other Provident Funds
(1)Notwithstanding anything to the contrary contained in paragraph 25 a subscriber to a Provident Fund recognised under the Indian Income Tax Act 1922 (XI of 1922), or to which the Provident Funds Act 1925 (XIX of 1925), applies, may elect to continue as a subscriber thereto and if he does so, he shall not be required to or be entitled to become a member of the Fund.(2)The election referred to sub-paragraph (1) shall be made in Form C annexed hereto as soon as possible after he qualifies for membership of the Fund and shall be sent by the employer by registered post to the commissioner so as to reach him within six months of the date on which the Scheme is notified or within six weeks of the end of the period or quarter in which he qualifies for membership of the Fund under paragraph 25, whichever is later.[For Assam, see paragraph 5 of Appendix-I.For Talcher, see paragraph 4 of Appendix-II.For Rewa and Korea, see paragraph 4 of Appendix-III.For J&K, see paragraph 4 of Appendix-IV],(3)[ Where a subscriber to a recognised Provident Fund having elected to continue to subscribe to that Fund under sub-paragraph (1) and (2) makes an application to the Commissioner [@] [Inserted vide S.R.O. 1472 dated 2nd July, 1955.] for becoming a member of the Provident Fund established under this Scheme, the Commissioner may, if he is so satisfied, permit the subscriber to make a fresh election and where the subscriber is so permitted, the employer shall require the subscriber to make a fresh election in Form C and if he elects to join the Fund, he shall be deemed to have become a member of the Fund and shall be entitled to contribute to it from the date of such re-election. The election certificate together with a return, in duplicate, in Form H and the declaration of the subscriber in Form 'A' shall be forwarded to the Commissioner by the employer within a fortnight of the date of the said certificate. The said return in Form shall be marked 'Special' and shall be deemed to relate to the quarter in which the certificate in Form C is signed irrespective of whether the subscriber qualifies or does not qualify for bonus in that quarter.]
