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[Cites 0, Cited by 0] [Section 68H] [Entire Act]

Union of India - Subsection

Section 68H(2) in The Employees' Provident Funds Scheme, 1952

(2)[ [(a) In case the factory or other establishment continues to remain locked up or closed down for more than six months, the Commissioner, or where so authorised by the Commissioner, any officer subordinate to him, on being satisfied that a member who has already been granted one or more non-recoverable advances from his provident fund account under sub-paragraph (1) still continues to be unemployed and no compensation is likely to be paid to him at an early date, may, on receipt of an application therefor in such form as may be prescribed in this behalf, authorise payment to the member of one or more recoverable advances from his provident fund account up to the extent of 100 per cent. of the employees' total contribution including interest thereon up to the date on which the payment has been authorised:] [Inserted by G.S.R. 1900, dated 16.10.1968.][Provided that if the factory or establishment in which the member is employed remains closed for more than five years for reasons other than strike, recoverable advance may be converted into non-recoverable advance on receipt of a request in writing from the member concerned.] [Inserted by G.S.R. 341, dated 9.7.1992 (w.e.f. 25.7.1992).]
(b)[ The advance granted under clause (a) shall be interest-free. [Inserted by G.S.R. 1900, dated 16.10.1968.]
(c)The advance granted under clause (a) shall be recovered by deductions from the wages of the member in such instalments [subject to a maximum of thirty-six instalments][as may be determined by the Commissioner [or, where so authorised by the Commissioner, any officer subordinate to him] [Inserted by G.S.R. 1900, dated 16.10.1968.][. The recovery shall commence from the first wages paid to the member immediately after the re-start of the factory or establishment. [Inserted by G.S.R. 1900, dated 16.10.1968.]
(d)The employer shall remit the amount so deducted to the Fund within such time and in such manner as may be specified by the Commissioner [or where so authorised by the Commissioner, any officer subordinate to him][. The amount on receipt, shall be credited to the member's account in the Fund.] [Inserted by G.S.R. 1900, dated 16.10.1968.]
[ Explanation - For the purpose of grant of advance under this paragraph, the establishment may be closed legally, illegally, with permission or without permission, so long as the establishment is closed.] [Inserted by G.S.R. 221, dated 15.3.1990 (w.r.e.f. 1.1.1990).][* * *] [Paragraph 68-I omitted by G.S.R. 1103, dated 6.7.1976.]