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Union of India - Section

Section 66 in The Coal Mines Provident Fund Scheme

66. Payment of Provident Fund.

(1)When the amount standing to the credIt of a member, or the balance thereof after any deduction under paragraph 63 or 65 becomes payable, it shall be the duty of the Commissioner to make prompt payment as provided in this Scheme [ ] [The words 'He shall close the account of the member and give notice in writing to the person to whom the amount is payable, specifying the amount and tendering payment thereof,' omitted vide G.S.R. 843 dated 19.5.64.].
(2)If any portion of the amount, which has become payable, is in doubt or dispute the Commissioner shall make prompt payment of that portion of the amount in regard to which there is no dispute or doubt, the balance being adjusted as soon after as may be.
(3)[ "If the person to whom any amount is to be paid under this Scheme is a minor for whose estate a guardian under Guardians and Wards Act, 1890 (8 of 1890) has been appointed, the payment shall be made to such a guardian. Where no such guardian has been appointed the payment shall be made to the guardian appointed under sub-paragraph (4A) of paragraph 62, if any. Where no guardian has been appointed either under the Guardians and Wards Act, 1890 (8 of 1890) or under subparagraph (4A) of paragraph 62 of the Scheme, the payment shall be made to the natural guardian and in the absence of a natural guardian to such person as considered to be the proper person representing the minor by the Assistant Commissioner to the extent of amount not exceeding Rs. 5,000/-, by the Regional Commissioner to the extent of amount not exceeding Rs. 15,000/-, by the Joint Commissioner to the extent of amount not exceeding Rs. 20,000/-, and by the Commissioner where the amount exceeds Rs. 20,000/-.Provided that in the event of there being more than one claimant as a guardian of a minor, the claim of the person entitled to receive such payment on behalf of the minor shall be decided by the Commissioner ;Provided further that no payment shall be made to such claimant without obtaining from him a bond for indemnifying the Commissioner against the claim of any other person entitled to receive such payment under a decree or order of any Court."] [Sub-para (3) of paragraph 66 reconstituted vide Govt. of India, Ministry of Labour Notification No. PF 2 (13)/51 dated 5.9.51 and again reconstituted vide G.S.R. 1061 dated 15.6.64 and thereafter reconstructed vide G.S.R. 907 dated 6.9.80.]
(3A)[ If the person to whom any amount is to be paid under this Scheme is a lunatic for whose estate a Manager under the Indian Lunacy Act, 1912 (4 of 1912) has been appointed, the payment shall be made to such Manager. If no such Manager has been appointed the payment shall be made to the natural guardian of the lunatic and in the absence of any such natural guardian, to such person as the [Regional Commissioner or the] [Sub-paragraph (3A) and (3B) of para 66 added vide G.S.R. 1061 dated 15.6.1963.] Assistant Commissioner where the amount does not exceed rupees seven hundred fifty or the Commissioner where the amount exceeds rupees seven hundred fifty [ ] [[ ] The words 'but does not exceed rupees one thousand or the Chairman of the Board in any other case' omitted vide G.S.R. No. 1140 dated 7.5.1969.] considers to be the proper person representing the lunatic.
(3B)The receipt of the person to whom any payment is made under subparagraph (3) and (3A) shall be sufficient discharge of the liability of the Fund in respect of the amount paid to him.]
(4)If it is brought to the notice of the Commissioner that a posthumous child is to be born to the deceased member, he shall retain the amount which will be due to the child in the event of its being born alive, and distribute the balance. If subsequently no child is born or the child is still born, the amount retained shall be distributed in accordance with the provisions of paragraph 64.
(5)[ Any person who desires to claim payment under this paragraph shall send a written application to the Regional Commissioner, or to any other officer authorised by the Commissioner in this behalf, who shall, after the claim is ready for payment, notify to the claimant in such form as the Commissioner may prescribe, the amount to be paid and the amount to be forfeited, if any.] [Sub-para (5) of the Paragraph 65 first substituted vide G.S.R. 1121 dated 13.8.1962 then amended vide G.S.R. 841 dated 19.5.1964 again substituted vide Notification No. 1. 11015(70)/71 PF I(1) dated 25.10.71. Again the opening portion of the sub-para and clauses (i) and (ii) thereof substituted vide Notification No. R-11018(3)/73-PF I(i) dated 25.8.73 again substituted vide G.S.R. No. 1118 dated 30.11.85.]
(6)[ Where any application for refund of Provident Fund under sub-paragraph (5) is submitted by the claimant through the employer of the coal mine where the member to whom the claim relates was last employed or where any such application received by the Commissioner or any other Officer under his control directly from the claimant is forwarded to the employer of the coal mine where the concerned outgoing or deceased member was last employed, such employer shall within twenty days of the receipt of such application, send the same duly attested to the Commissioner or to such other Officer under his control as he may authorise in this behalf [+] [Sub-para (6) and (7) added vide G.S.R. No. 1645 dated 23.10.67.] [(together with such information and documents as may be specified by the Commissioner).] [The words 'where the Return in Form 'W' prescribed under paragraph 44A of this Scheme has not been submitted by the employer in respect of the outgoing or deceased member to whom the claim relates. the same shall be sent alongwith the attested application for refund' deleted vide G.S.R. No. 2483 dated 21.10.1969.]
(7)Every employer shall assist the Commissioner or any other Officer under his control in obtaining such other information as may be required for settlement of claims for refund of Provident Fund.]