THE PUBLIC
PROVIDENT FUND ACT, 1968
(23 of 1968)
2. Definitions
3. Public Fund Provident Fund Scheme
5. Interest
6. Withdrawals
8. Payment on death of subscriber
9. Protection against attachment
10. Protection of action taken in good
faith
11. Power to remove difficulties
12. Scheme to be laid before Parliament
THE PUBLIC
PROVIDENT FUND ACT, 1968
(23 of 1968)
An act to make provisions for
institution of a Provident Fund for the general public
(a) This act may be called the Public
Provident Fund Act, 1968.
(b) It extends to the whole of India.
2. Definitions :- In this Act unless the context otherwise requires;
(a) “Fund” means the Public Provident Fund
established under the Scheme;
(b) “Minor” means a person who is not
deemed to have attained majority under the Indian Majority Act, 1875;
(c) “Scheme” means the Public
Provident Fund Scheme framed under sub-section (1) of section 3;
(d) “Subscriber” means an individual
who makes subscription to the Fund under section 4 and where such subscription
is made by an individual on behalf of a minor, of whom he is the guardian, such
minor;
(e) “Year” means the financial year.
3. Public Fund Provident Fund Scheme:-
(1) The Central Government may, by
notification in the Official Gazette, frame a scheme to be called the Public
Provident Fund Scheme for the establishment of a provident fund for the general
public and there shall be established as soon as may be after the framing of
the Scheme, a Fund in accordance with the provisions of this Act and the
Scheme.
(2) Subject to the provisions of this Act,
the Scheme may provide for all or any, of the matters specified in the
Schedule.
(3) The Scheme shall have effect
notwithstanding any thing contained in any Law for the time being in force
other than this Act or in anv instrument having effect bv virtue of any, law
other than this Act.
(4) The Central Government may, from time to
time by notification in the Official Gazette, add to, amend or vary the Scheme.
4. Subscriptions to Fund :- Any individual may, on his
own behalf or on behalf of a minor of whom he is the guardian,. Subscribe to
the Fund in such manner and subject to such maximum and minimum'limits as may
be specified in the Scheme.
5. Interest:- All subscriptions made
under section 4 shall bear interest at such rate as may, be notified by the
Central Government in the Official Gazette, from time to time, and the interest
shall be calculated in such manner as may
be specified in the Scheme.
(1) A subscriber shall be entitiled to make
withdrawals from the Amount standing to his credit in the Fund (including any
interest accrued thereon) to such extent and subject to such terms and
conditions as may be specified in the Scheme;
Provided that such withdrawal shall be allowed only after the expiry of a period of five years from the end of the year in which he makes the initial subscription to the Fund.
(2) Notwithstanding anything contained in sub
section (1), a subscriber shall be entitled to withdraw the entire balance
standing to his credit in the Fund after the expiry of a period of fifteen
years from the end of the year in which he makes the initial subscription to
the Fund.
(3) Subject to the provisions of sub-sections
(1) and (2), an individual who has made subscriptions to the Fund on behalf of
a minor of whom he is the guardian, shall be entitled to withdraw any amount
from the Fund only for the use of the minor.
7. Grant of loans: - A subscriber may be granted
loans out of the amount standing to his credit in the Fund on such terms and
conditions as may be specified in the Scheme and where the subscriber is a
minor, such loans shall be granted to his guardian only for the use of the
minor.
8. Payment on death of subscriber:-
(1) If a subscriber dies and there is in
force at the time of his death a nomination in favour of any person, all
amounts standing to his credit in the Fund shall be payable to the nominee.
(2) Where the nominee is a minor, the amounts
refered to in sub-section (1) shall be payable to any guardian of the property
of the minor appointed by a competent court, or where no such guardian has been
so appointed, to either parent ofthe minor or where neither parent is alive, to
any other guardian of the minor.
(3) Where there is no nomination in force at
the time of the death of the subscriber, the amounts referred to in sub-section
(1) shall be payable to his legal heirs.
9. Protection against attachment: - The amount standing to the
credit of any subscriber in the Fund shall not be liable to attachment under
any decree or order of any court in respect of any debt or liability incurred
by the subscriber.
10. Protection of action taken in good faith :- No suit, prosecution or
other legal proceeding shall lie against any person for anything which is in
good faith done or intended to be done under this Act or the Scheme.
11. Power to remove difficulties :-
(1) If any difficulty arises in giving effect
to the provisions of this Act or the Scheme, the Central Government may, by
order published in the Official Gazette, make such provisions not inconsistent
with the provisions of this Act, as appear to it to be necessary or expedient
for the removal of the difficulty.
Provided that no such order
shall be made after the expiration of three years from the commencement of this
Act.
(2) Every order made under sub-section (1)
shall be laid as soon as may be after it is made before each House of
Parliament.
12. Scheme to be laid before Parliament :- The scheme will be laid, as
soon as may be, after it is framed before each House of Parliament while it is
in session for a total period of thirty days which may be comprised in one session
or in two successive sessions, and if, before the expiry of the session in
which it is so laid or the session immediately following, both Houses agree in
making any modification in any provision of the Scheme or both Houses agree
that any pro-vision in the Scheme should not be made, the provision of the
Scheme shall thereafter have effect only in such modified form or be of no
effect, as the case may be, so however, that any modification or annulment
shall be without prejudice to the validity of any thing previously done under
that provision.
[See Section 3
(2) ]
Matters for which provisions
mav be made in the Scheme.-
(1) The
manner in which subscriptions to the Fund may be made and the
maximum and minimum limits
of such subscriptions..
(2) The matter in which interest on
subscriptions to the fund may be calculated.
(3) The documents to be issued to subscribers
as evidence of the subscriptions made by them to the Fund.
(4) The extent to which and the terms and conditions
under which ,withdrawals may be made by subscribers from the amounts standing
to their credit in the Fund.
(5) The authority or authorities by or
through whom subscriptions to the Fund may be collected or withdrawals
therefrom may be made.
(6) The terms and conditions under which
loans may be granted to subscribers out of the amounts standing to their credit
in the Fund and the authority or authorities bv whom such loans may be granted.
(7) The accounts to be maintained with
respect to subscriptions to the Fund, and, withdrawals and final payments made
and loans granted therefrom and the authority or authorities by whom such
accounts shall be maintained.
(8) The nomination of any person to receive
the amount standing to the credit of a subscriber in the Fund in the event of
his death and the cancellation or change of such nomination.
(9) The issue of duplicate of any document
issued as evidence of any subscription to the Fund in the event of damage, loss
or destruction of original and the fee on payment of which such duplicate may
be issued.
(10) Any other matter which is to be provided
for in the Scheme or which may be necessary or proper for the purpose of
implementing the Scheme.