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Union of India - Section

Section 22 in The Employee's Deposit-Linked Insurance Scheme, 1976

22. Scales of assurance benefit and the minimum average balance to be maintained by an employee.

- [(1) On the death of an employee, who is a member of the Fund or of a provident fund exempted under Section 17 of the Act, as the case may be, the persons entitled to receive the provident fund accumulations of the deceased shall, in addition to such accumulations be paid an amount, equal to the average balance in the account of the deceased in the Fund or of a provident fund exempted under section 17 of the Act, as the case may be, during preceding twelve months or during the period of his membership, whichever is less, except where the average balance exceeds rupees fifty thousand, the amount payable shall be rupees fifty thousand plus 40% of the amount in excess of rupees fifty thousand subject to a ceiling of rupees on lakh.] [Substituted by Notification No. G.S.R. 523 (E) dated 18.6.2010 (w.e.f. 28.7.1976)][***] [ Proviso omitted by G.S.R. 153, dated 7.3.1994 (w.r.e.f. 1.4.1993).][Explanation 1. - For the purpose of determining the average balance in the Fund or in the provident fund exempted under section 17 of the Act, as the case may be, in relation to any employee, the sum total of contributions by the employee and the employer, due for and upto the relevant period, whether paid or unpaid in the Fund or in the Fund or in the provident fund exempted under section 17 of the Act, as the case may be, together with interest thereon, shall be included.Explanation 2. - The period of [twelve months] [ Inserted by G.S.R. 329, dated 20.2.1978 (w.e.f. 4.3.1978).][for calculation of benefits under this Scheme shall be computed backwards from the month preceding the month in which death of the member occurs.] [ Inserted by G.S.R. 329, dated 20.2.1978 (w.e.f. 4.3.1978).]
(2)In the case of a part-time employee who was a member of the Fund [or of a provident fund exempted under section 17 of the Act, as the case may be,] [ Inserted by G.S.R. 329, dated 23.2.1978 (w.e.f. 4.3.1978).] while serving in more than one factory or establishment the quantum of benefit under this Scheme shall be determined with reference to the average of the aggregate balance in all his accounts in the Fund [or of a provident fund exempted under section 17 of the Act, as the case may be,] [Inserted by G.S.R. 329, dated 23.2.1978 (w.e.f. 4.3.1978). ] during the preceding [twelve months] [ Substituted by G.S.R. 354, dated 22.5.1990, for " three years" (w.r.e.f. 1.3.1990).].[(22A) On the death of an employee, who is a member of the Fund or of a provident fund exempted under Section 17 of the Act, as the case may be, who was in the employment of the same establishment for a continuous period of twelve months, preceding the month in which he died, the persons entitled to receive the provident fund accumulations of the deceased shall, in addition to such accumulations be paid an amount, equal to:-
(i)the average monthly wages drawn (subject to a maximum of rupees six thousand five hundred), during the twelve months preceding the month in which he died, multiplied by twenty times or;
(ii)the amount of benefit under sub-paragraph (1), whichever is higher.
Explanation. - In the case of a part-time employee who is a member of the Fund or of a provident fund exempted under Section 17 of the Act, as the case may be, who was serving in more than one factory or establishment for a continuous period of twelve months, preceding the month in which he died, the quantum of benefit under this Scheme shall be determined with reference to the average wages of the aggregate of all the wages wherever he was continuously working for more than twelve months, subject to the wage ceiling of rupees six thousand five hundred.]