Section 63 in The Coal Mines Provident Fund Scheme
63. Circumstances in which accumulations in the Fund are payable to a member.
(1)A member may withdraw the full amount standing to his credit in the Fund-(a)on permanent retirement from service in the Coal Mining Industry at any time after the attainment of the age of 50 years [or] [Inserted vide G.S.R. 1061 dated 15.6.63.](b)[ On being rendered permanently and totally incapacitated for work in the coalfields due to bodily or mental infirmity, notwithstanding the date on which he ceases to be employed.] [Sub-clause (b) of para 63 (1) reconstituted vide G.S. R. 1061 dated 15.6.1963.](c)[ On being transferred to a cadre in a coal mine to which this Scheme does not apply.] [Clause 'c' inserted vide G.S.R. 531 dated 21.3.70.](2)The Board [or where so authorised by 'the Board, the Commissioner, or where so authorised by the Commissioner, any other officer subordinate to him] [Inserted vide S.R.O. 366 dated 8.2.1956.] may permit a member, who has not attained the age of 50 years to withdraw the amount standing to his credit in the Fund [] [The word 'if' omitted vide G.S.R. 1061 dated 15.6.63.].(a)[if] [The word 'if' inserted vide G.S.R. 1061 dated 15.6.63.] he has migrated from India for permanent settlement abroad or [being a national of a country other than India and having ceased to work in or in connection with a coal mine declares his intention of leaving India for at least a year or] [Inserted vide S.R.O. 2041 dated 7.9.1955.],(b)[ after expiry of a period of six months from the date of termination of his service if in: the meanwhile he does not inform the commissioner in writing that he has been re-employed in any coal mine to which the said Scheme or the Scheme published with the notification of the Government of India in the late Ministry of Labour No. SRO 657 dated the 12th March, 1956 or the Scheme published with the notification of the Government of India in the Ministry of Labour and Employment No. SO 32 dated the 11th February, 1958, apply.] [Clause (b) of para 63(2) reconstituted vide G.S.R. 1061 dated 15.6.1963.][Provided that the Commissioner or where so authorised by the Commissioner, any [Regional Commissioner or] [Inserted vide G.S.R. 767 dated 14.5.1964.] Assistant Commissioner may, in case of hardship, reduce the period of six months prescribed under this clause to such extent as he may consider necessary, subject to instructions laid down in this regard by the Commissioner with the approval of the Board] or(c)[if] [The word 'if' inserted vide G.S.R. 1061 dated 15.6.1963.] in the case of a member employed on fixed term contract he does not continue to work in the coalfields after the expiry of his contract :[Provided, however, that the exercise or discharge of the power so delegated shall be subject to such restrictions, limitations and conditions, if any, as the Board may impose.] [Inserted vide S.R.O. 366 dated 8.2.1956.](2A)[ When a member withdraws any amount under sub-paragraph (2), the following provisions shall apply, namely :-(i)seventy five percent of the employer's contribution and interest thereon shall be forfeited to the Fund if the period of his membership of the Fund is less than 3 years; or(ii)fifty percent of the employer's contribution and interest thereon shall be forfeited to the Fund if the period of membership is 3 years or more but less than 5 years; or(iii)twenty five percent of the employer's contribution and interest thereon shall be forfeited to the Fund if the period of membership is 5 years or more but less than 10 years; or(iv)[](v)no forfeiture shall be made if the period of membership is [10 years or more] [For the figure and words '15 years or more' the figure and words 10 years or more substituted vide G.S.R. No. 258 dated 8.4.89.].](2B)[ The Commissioner may permit any member or class of members to withdraw at any time after the termination of his or their services the full amount standing to his or their credit as the case may be, and make payment to such member or class of members in accordance with such instructions as may be issued by the Central Government in this behalf from time to time.] [Sub-para 63(2B) [Originally inserted as para 63 (2A) under S.R.O. 366 dated 8 Feb.1956 and deemed to have been always inserted, this sub-para 63 (2A) was renumbered vide Notification No. PF 2(102)56 dated 30.7.56, as 63 (2B)] reconstituted vide S.R.O. 129 dated 4 Jan. 1957.](3)A member who withdraws under sub-paragraph (2) [or a member withdrawing under sub-paragraph (2B)] [Inserted vide S.R.O. 366 dated 3.2.56.] who has not attained the age of fifty years at the time of withdrawal shall be required to join as a new member of the Fund if he obtains employment again in a coal mine and qualifies again for the membership of the Fund.(4)All sums forfeited to the Fund under sub-paragraph (1) and (2) shall be credited to the "Reserve Account" of the Fund.] [Sub-paragraph (2A) inserted vide Government of India, Ministry of Labour notification no. PF 2(102)/56 dated 30.7.56, and the proviso 'provided further that before the withdrawal is allowed (i) the full amount of the employer's contribution and interest thereon shall be forfeited to the Fund if the period of membership is less than 10 years or (ii) half the amount of the employer's contribution and interest thereon shall be forfeited to the Fund, if the period of membership is 10 years or more but less than 25 years' omitted.]
